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Can I sue my former employer for wrongful dismissal after they've paid me Termination Pay?
Thank you for reaching out to our firm.
Yes, that is possible. The most important consideration is whether or not you signed something, typically called a release, where you agreed not to sue them. If you did, then that will generally stop you from suing them later for more severance. Further, it will also be important to know how much they paid to you. If they already provided enough severance, then it might not make sense to take any further action against them.
That being said, where a company goes ahead and pays termination pay without anything signed, then they typically will have only provided the Employment Standards Act minimum amounts. In these cases, terminated employees are often entitled to significantly more.
We would recommend that you get legal advice with respect to your matter. If you would like to set-up a consultation with one of our employment lawyers, please contact the number below.
In either case, it is important to note that you only have two years from the date of your termination to commence a lawsuit against your former employer. After that time, any lawsuit will likely be barred from proceeding.
Yes, that is possible. The most important consideration is whether or not you signed something, typically called a release, where you agreed not to sue them. If you did, then that will generally stop you from suing them later for more severance. Further, it will also be important to know how much they paid to you. If they already provided enough severance, then it might not make sense to take any further action against them.
That being said, where a company goes ahead and pays termination pay without anything signed, then they typically will have only provided the Employment Standards Act minimum amounts. In these cases, terminated employees are often entitled to significantly more.
We would recommend that you get legal advice with respect to your matter. If you would like to set-up a consultation with one of our employment lawyers, please contact the number below.
In either case, it is important to note that you only have two years from the date of your termination to commence a lawsuit against your former employer. After that time, any lawsuit will likely be barred from proceeding.