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Firings & Layoffs

Losing a Job: Firings and Layoffs

Unjust firing

What is an unjust dismissal?

In some provinces and in the federal jurisdiction, there are laws against "unjust dismissal." Generally, the courts say that employers have the right to fire a worker who is guilty of a serious wrong, such as theft. This is considered just cause for the firing.

But each case is different. It can depend on many things, including the specific circumstances, your position at work and how long you've been at the same place. Usually, a one-time minor incident or personality conflict isn't considered serious enough to justify a firing.

Also, a firing might not be considered justified if the boss has ignored a worker's repeated misconduct or hasn't given the worker a chance to change his or her behaviour.

What is a constructive dismissal?

It's when your boss tries to force you to quit. Sometimes, a boss will say, "quit or be fired." Or the employer will substantially cut a worker's wages. In response, the worker quits. This is a complex legal area, and if you've quit but feel you were forced out of your job, you should get legal help to find out if there's anything you can do.

Find out more about how to fight unjust firings.

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