As a business owner, you will probably face a lot of lawsuits. One of the most common lawsuits that ex-employees like to pin on their employers when they get fired is one for unlawful termination. Unlawful termination can occur when you terminate an employee because of factors such as:
Age: An employer may not fire someone for being “too young” or “too old” because doing such would be a violation of that person’s rights. Employers may not refuse to employ someone based upon the age factor, either. Both situations may bring forth a charge against the establishment. A corporate law or business law specialist may have to defend the firm tin that case.
Race: Employers may not fire employees because they are of a specific ethnicity, nor may they refuse to hire such people. That violation is the same as the first one. It is a human rights violation.
Gender: Employers cannot terminate a person because of gender whether the person is male or female. If the person can do the job, then he or she has a right to continue.
Disability: Employers are to respect people who have disabilities and allow them to do their jobs without ridicule, harassment or hassle. Employers are not supposed to deny people jobs due to a disability either.
The Right to Fire
A Canadian employer is allowed to end someone’s employment. It is not a crime simply to let an employee go. However, the employer must do so in a manner that preserves the company’s integrity and gives the employee the opportunity to adjust.
Severence Pay and Notice
The employer should give an employee notice of termination at least two weeks ahead of time for a person who has been on the job for six months. Three or four weeks are respectable for a person who has been on the job longer than that. The reason that the employer uses for the termination may vary, and it may be acceptable. Downsizing and fading out positions is the company’s right to do. As long as the employer does not harm the person by doing any of the above violations, then the termination can be deemed legitimate.
An employee may forge a corporate law case against an employer if he or she feels wronged in a termination. The lawyer can use a variety of offenses on your behalf, however. The other side will have to prove that you were guilty of the offense that it said you committed.
Several defenses are available to get you out of the horrid jam that you are in. You can use any one of them to prove that you are innocent of the charges. Speak with a lawyer about your case today.