Most employees assume length of service decides everything. Start a new job, get fired shortly, and you get nothing. That assumption costs people real money.
It is not like that under Ontario’s employment legislation. Courts award notice to employees even for the shortest periods of service. Your tenure will be considered; however, it is not the only thing that is important. If you were fired without appropriate notice or payment, chances are you are a victim of wrongful dismissal, irrespective of how short the period was.
- ESA Defines Minimum Requirements Only
The Employment Standards Act, 2000, of Ontario requires an employee to be employed by the same employer continuously for three months to be entitled to statutory notice. After that period, you are entitled to one week of notice or pay in lieu of notice per year of service up to a maximum of eight weeks.
This is not the end of your notice entitlement. You can receive much more depending on the other factors. At Monkhouselaw, our employment lawyer can help you get the severance pay you deserve.
- The Factors that the Courts Really Care About
In determining reasonable notice for short-service employees, employment lawyer help employees in courts to use the Bardal factors:
- Character of employment – Longer notice is expected for senior positions or specialised jobs.
- Length of employment – Significant, but not all-important.
- Age – The older an employee, the greater his notice, due to difficulty finding a new job.
- Ease of obtaining another job – The tougher the labour market, the longer your notice period.
A short service period does not necessarily reduce the notice. For instance, a 52-year-old manager who worked for only five months could get much more than the ESA minimum, owing to other factors in her favour.
Additionally, the courts take into account inducement, which means that if an employer hires an employee away from secure employment, then alone the employee will have a significant reasonable notice period.
- Wrongful Dismissal for Short Service Employees Here
Wrongful dismissal does not require long-term service. The occurrence of wrongful dismissal takes place anytime your employer ends your employment without giving you the proper notice and pay. Some examples of wrongful dismissal based on short-term services include receiving payment that does not cover the amount under common law or using an illegal termination clause.
Employers believe that short-term employees will not argue with them. In this situation, employees can contact a wrongful dismissal lawyer Toronto to fight for their rights.
No Paperwork Before Speaking to a Lawyer
Your first offer isn’t your final one. Learn the details of your common law rights before signing a release. Monkhouse Law provides a free 30-minute phone consultation. Their wrongful dismissal lawyer Toronto can evaluate your severance package and let you know if you were underpaid.
Being short in employment does not mean being short in compensation. Get in touch with Monkhouse Law to learn your standing regarding wrongful dismissal.
