Wrongfully Dismissed - Complaint under the ESA or Civil Proceeding for Wrongful Dismissal?

An employee who is wrongfully terminated often is confused as to where he or she should make a legal claim for severance pay.

The decision should not be made lightly.

Making an Employment Standards Act (ESA) claim will bar one from making a claim in a civil court and is often not the way to go. If you have made a complaint under the ESA, you only have 2 weeks to withdraw it.

If you believe you have been wrongfully dismissed, it is always wise to consult a qualified employer lawyer who can advise you on your available legal avenues.

The choice as to whether to go the Ontario Human Rights Tribunal, Superior Court, Small Claims Court, or to the Ministry of Labour is not without consequence and should not be made without consulting a lawyer.

Robert H. Tanha, Employment Lawyer
"You want me on your side.You need me on your side."
Equity Court Law Chambers
Woodbridge, Ontario
Serving the Greater Toronto Area
Tel: 416-706-5890
Fax: 905-851-9447
Email: robert.tanha.equitylaw@gmail.com 

* This article is provided for general information purposes and should not be considered a legal opinion.  Clients are advised to obtain legal advice on their specific situations.