Pay in lie of notice and wrongful dismissal litigation

An employer can fire an employee without just cause. The employer must give the employee notice or pay in lieu of notice. Therefore, if an employer dismisses without giving notice, the employer is exposed to a wrongful dismissal lawsuit.

Working notice refers to the employer giving the employee sufficient time from the time the employee is notified his or her job is ending to the date it actually ends. The employee remains at work, continues receiving wages or salary, but the employee is on notice that he or she will stop working at a specific date in the future.

If the employer wants the employee to stop coming into the work place immediately, then giving working notice is not an option. Consequently, the employer must instead pay the employee pay in lieu of notice in accordance with the law. As an employer, the amount of pay in lieu of notice you have to pay is specific to the employee. You have to determine the length of notice the employee is to receive. Furthermore, after you have determined the amount, you must pay the employee’s salary for that period of time. You should get legal advice to make sure you are giving proper notice. Additionally, if you fail to give proper notice, the employee can sue your company.

It is prudent to obtain legal advice from a wrongful dismissal lawyer. The employer cannot violate the employee’s rights. The intent of the employer in dismissing the employee is not relevant. As a result, the employer must fire the employee legally. In a termination without cause scenario, the employer must be very careful to meet its obligations to give reasonable notice or pay in lieu of notice.

Pay in lieu of notice and the Employment Standards Act

If an employee has not signed an employment contract agreeing to the Employment Standards Act minimums , her or she may be entitled to common law notice. Common law notice is normally significantly higher than the minimums outlined in the Employment Standards Act. If you have worked for your employer a long time, you must protect your rights. You must get legal advice to make sure you are receiving the correct amount of notice.

There are several factors that may increase the pay in lieu of notice you are entitled to beyond the Bardal Factors. Some of these include the nature of the employment, the age of the employee, or seniority. Consequently, it is in your best interest to consult with an wrongful dismissal lawyer about your rights.

The information on this website is for informative purposes only. It is not legal advice. Furthermore, you can only retain a lawyer after a consultation. If you need a wrongful dismissal lawyer or if you have any other employment law issues, call me at: 416 323 3614