There are many ways that an employment relationship can come to an end. Some of the most common ways for the relationship to end include:
Termination without cause: In Ontario, an employer is not required to keep you employed. They can decide to terminate the employment of any employee and are not required to have or give a reason for terminating the employment. This is called a termination of employment without cause. However, they are required to provide you with written advance notice of termination or termination pay in lieu of notice when you are terminated without cause. The amount of notice you are entitled to will vary depending on the length of your period of employment and what is stated in your employment contract.
Termination with cause: In exceptional circumstances, employers may be able to terminate your employment without notice or termination pay if there is a reason for termination. This can only occur in cases where an employee has engaged in willful misconduct, disobedience, or willful neglect of duty that is not trivial and has not been condoned by the employer. Even if an employer has told you that they are not required to provide you with notice because they are claiming they have cause to terminate your employment, it is important to speak with an employment lawyer to determine whether they are justified in doing so.
Constructive dismissal: If an employee quits or resigns, they are not entitled to notice or pay in lieu of notice. A constructive dismissal occurs when an employer harasses an employee to the point of them not being able to continue to work, forcing them to resign. An ultimatum to quit or be fired would also be a constructive dismissal. It can also occur when an employer unilaterally makes changes to your conditions or terms of employment, i.e., suddenly changing your hours, pay or work location. In these circumstances, even if you quit or resign, you may still be able to claim that you were forced to do so by your employer’s actions and so were constructively dismissed. If you were constructively dismissed, then you are entitled to the same things as you would be if your employer terminated your employment without cause. Given the legal complexity of constructive dismissal cases, it is best to contact a lawyer for advice if you believe that you have been constructively dismissed.
Wrongful dismissal: Wrongful dismissal refers to when an employer terminates your employment without providing part or any of the notice or termination pay and does not have just cause. An employer might offer you a package, but you should have it reviewed before signing to make sure it contains everything you are entitled to receive. lf you have been dismissed, you should contact an employment lawyer to review the package (if any) offered to you and to discuss the next steps. These next steps could include filing a claim for termination pay or severance pay with the Ontario Ministry of Labour, suing your former employer, or filing a claim with an administrative tribunal.