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Wrongful dismissal & compensation

Published under Employment law, Legal blog

If you have been wrongfully dismissed, you are entitled to compensation from your former employer.

As a general rule, an employer can terminate an employee. However, employees with two years of service are entitled to reinstatement to their employment if the employer does not have just reason or cause for the termination of the employment.

Employees who are terminated, must be provided with reasonable prior notice before being terminated, or, compensation in lieu of prior notice (severance).  Under the Labour Standards Act, (LSA) minimum periods for prior notice are stipulated. For example, an employee with 10 years of continuous service is entitled to 8 weeks of prior notice.

However, these severance periods are the bare minimum and the severance periods under the Civil Code of Quebec, and case law in function thereof, are more generous. Under article 2091 of the Civil Code of Quebec, notice of termination must be reasonable. A reasonable notice, will depend on the duration of your employment, your age and title, among other factors.

For more information as to: your particular rights, the severance that should be paid or the limits thereof, as well as advice regarding potential restrictions on your future employment, or harassment in the workplace contact us: (514) 534-0145 (ext. 224).

This article is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations.