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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99930
Experience:  Lawyer
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Can an employee be "let go" from a job without warning & be

Customer Question

Can an employee be "let go" from a job without warning & be immediately escorted to the door? She had no warning, had no written warnings, was just told that another employee submitted a letter saying this person was seen leaving the store with goods she hadn't paid. The employer could provide no proof, just told her she was no longer employed. This person by the way is innocent of any wrong doing.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
How long did the employee work for the employer?
Customer: replied 1 year ago.
Aprox. 5yrs
Expert:  Debra replied 1 year ago.
If an employer wants to dismiss an employee for cause the employer is required to provide the employee with written warnings, unless the employee`s conduct is so extraordinary that immediate dismissal is warranted.As this was not the case then you should consider a claim for wrongful dismissal and seek damages from your employer.Generally the damages would be equal to what you would receive had you been dismissed without cause. If that had been the case you would have been entitled to receive "reasonable"notice or pay in lieu of notice.Generally, in determining what is reasonable notice Courts look at several factors including the length of time you worked for the employer, your age, your position,the likelihood of finding new employment etc.At the high end,if you were in a managerial position, the Court would likely order one month's notice or pay in lieu of notice for each year of employment. If you were not in a managerial position the Court would order somewhat less.What you can do to find a lawyer is one of the following things.You can contact the Law Society and use their Lawyer Referral Service.You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.Here's the link to their website:http://www.lexpert.ca/Directory/DirectoryContent/FindLawyersOrFirm.aspx

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