Wrongful Dismissal Law: The Enforceability of Settlement Agreements and Full and Final Releases

In Titus v. William F. Cook Enterprises Ltd., the Court of Appeal for Ontario canvasses the law of unconscsionability as it relates to wrongful dismissal settlements.

It identifies the following as being supportive of unconscionability:

1. A grossly unfair and improvident transaction
2. Victim's lack of independent legal advice or other suitable advice
3. Overwhelming imbalance in bargaining power caused by victim's ignorance of business, illiteracy
ignorance of the language of the bargain, blindness, deafness, illness, senility, or similar disability
4. Other party's knowingly taking advantage of this vulnerability.

Not surprisingly, the court notes that the threshold to be met is exceedingly high and confirms that settlement agreements and releases should not lightly be set aside by courts after they have been signed and agreed upon.

If you are presented with a severance proposal from your employer, you should always consult with an employment lawyer before signing a release.

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. 

Wrongful Dismissal: Voluntary Resignation v. Involuntary Resignation

Where an employee is given no other choice but to resign or face a without cause termination, this will amount to a wrongful dismissal in most circumstances.

The fact that an employee accepts severance payments from the employer does not mean that the employee has forfeited his or her right to assert a wrongful dismissal claim against the employer.

For a case on point: see Aubin v. H.B. Group Insurance.

If you feel that you have been forced to resign, you should contact an employment lawyer to discuss whether you have a claim for wrongful dismissal.

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. 

Discrimination During Employment: Civil Cause of Action or Human Rights Claim?

In Andrachuk v. Bell Globe Media Publishing Inc., the Court states as follows:

It is well established that a civil cause of action cannot be grounded solely in an allegation that an employer breached the applicable human rights legislation or social standards expressed therein. 

In other words, you need something besides a discrimination claim to get your case before a civil court. An overtime or wrongful dismissal claim is usually sufficient though the decision as to how to frame and assert your allegations against your employer along with where to pursue them should never be made without consulting a qualified employment 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. 

Toronto Employment Lawyer: Size of your Wrongful Dismissal Claim?

The size of your wrongful dismissal claim will depend on your length of service and your salary, amongst other factors.

Those with much higher salaries and lengths of service can sue or settle for much higher amounts than others. A case in point: the ousted AlarmForce CEO who filed an $11 million wrongful dismissal suit (see the full article here).

These claims will almost always need to be brought to the Ontario Superior Court of Justice by a qualified employment 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. 

Wrongful Dismissal Lawyer or General Practitioner?

The law of wrongful dismissal, like many areas of the law, has become increasingly specialized and complex.

It may be preferable for this reason to hire a wrongful dismissal lawyer to act for you rather than a general practitioner or a lawyer who practices in several other areas of the law.

A lawyer with expertise in employment law will likely be able to negotiate more effectively, draft better correspondence and pleadings, and obtain better structured settlements on your behalf than a lawyer who lacks these qualifications.

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. 

Wrongful Dismissal or Layoff ?

The distinction between the two is often difficult to ascertain without the assistance of a qualified employment lawyer.

While the employment standards act provides for temporary layoffs, extended layoffs or repeated layoffs can trigger a wrongful dismissal as can denial of wages and benefits during the layoff period.

If you are not sure if you are still on layoff or have been wrongfully terminated, you should contact an employment lawyer to obtain a legal opinion on the issue.

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. 

Termination of Employment: Deadlines for Replies to Severance Proposals

Often an employee is asked to respond to an employer's severance proposal by a certain deadline. But, keep in mind, as a general rule, there is no general legal obligation on employees to adhere to such deadlines.

While it is often preferable for a lawyer to write to the employer taking a position on the severance package being advanced to the employee by the deadline, this is not a prerequisite to getting wrongful dismissal damages from a court or through a lawyer-negotiated settlement.

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.