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Employment Law Misconceptions
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Although employment is an essential part of our lives, many people do not know what they are entitled to if they end for no reason.
Perhaps the most common misconception is that the maximum notice period to which a fired person is allowed is eight weeks. This is a statement issued by the Ministry of Labor in the "Dismissal and Dismissal" section of the Ministry's website.
The problem with this type of information is that it fundamentally misleads the fired employees and the employer who fired them.
It allows employers to claim that the termination "meets labor standards," but this is not the case. Even the Department of Labor recognizes this in the same "Layoff and Severance Payments" guideline, noting (emphasis added): "Note that the employer has been under the E.S.A. does not mean that employees cannot sue for wrongful termination."
In other words, wrongful termination lawsuits exceed E.S.A.'s minimum requirements, which are typically several times higher.
The Labor Standards Act 2000 is a guideline. E.S.A.

Part XV specifies minimum notification rights, not maximum rights. The E.S.A.'s legislative intent is not to restrict employees, regardless of their mandate or title, to 8 weeks' notice but to ensure that at least these "minimum" amounts are provided to them.

It is the same as, for example, the minimum wage. Just because there is a minimum wage does not mean that all employees must receive the minimum wage. The notion that the E.S.A. layoffs are appropriate is equally absurd.

Working for a company is like building equity in a house. This equity will be charged when you are fired or dismissed.

After unreasonable dismissal, employees are entitled to so-called "common law notice," a concept described in Bardal v. Globe and Mail Co., Ltd. [1960], O.J. No. 149 (Ontario H.C.J.). The standard law notice considers the nature of the employment, the seniority and age of the employee, and the number of jobs currently available to the employee. The common law usually requires short-term employees to give at least three months' notice, and long-term employees' years of service are increased from 3 to 6 weeks per year. There is no fixed formula, and you must contact an employment lawyer to determine what is reasonable in your situation.

Again, this is where misunderstandings stemming from the Ministry of Labor's guidelines and other "minimum rights" messages come into play. For example, employees who have worked in the company for more than 29 years, as shown on the Ministry's website, will only be entitled to 8 weeks' notice. This is entirely inaccurate.

As an employer, employees expect you to give them rights when you terminate the contract.

If employees realize their fundamental rights under the law, providing them with the slightest notice may be counterproductive. It is best to understand the law and provide dismissed employees in advance to avoid improper termination of the lawsuit.
If the severance payment you received seems inappropriate based on your years, position, and age in the company, it is recommended that you consult a professional.

The employer must provide you with the opportunity to seek independent legal advice before signing the disclaimer to avoid a breach of contract.

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