Ask your question and an employment lawyer in Ontario, BC or Alberta will answer in minutes
Hi there,
My husband is an apprentice tool and die maker who was fired this morning, after 5+ years of service, without cause. His boss simply stated he doesn't think he's the right boss for him any longer, said he would provide a good reference and gave him 6 weeks of pay. To my understanding of Ontario law, this would only be the ESa covered reference, correct? Would he also be entitled to the common law right to reasonable notice of dismissal?
If so, are there lawyers that handle this at no cost and recoup funds from a won severence package?
Hi Alysia,
Thank you for your question.
Your husband may very well be entitled to common law notice. It may depend in part on whether he ever signed any employment contract and what that contract says. If there is no contract, then he would be entitled to common law notice. The amount would depend on how long it took him to find work following the dismissal.
As for legal fees, it depends on the risk in your husband's situation. That is something that can be discussed with the lawyer, however.
In any event, I highly recommend you contact our firm to schedule a free consultation where we will be in a better position to properly advise him as to his full rights and entitlements.
Thank you for your question.
Your husband may very well be entitled to common law notice. It may depend in part on whether he ever signed any employment contract and what that contract says. If there is no contract, then he would be entitled to common law notice. The amount would depend on how long it took him to find work following the dismissal.
As for legal fees, it depends on the risk in your husband's situation. That is something that can be discussed with the lawyer, however.
In any event, I highly recommend you contact our firm to schedule a free consultation where we will be in a better position to properly advise him as to his full rights and entitlements.