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Daniel Freudman
Daniel Freudman, Lawyer
Category: Canada Law
Satisfied Customers: 1331
Experience:  Lawyer
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I was just fired from my job without reason or notice What

Customer Question

I was just fired from my job without reason or notice What are my rights here
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: This is in Canada province of Ontario
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: The company took over 4 years ago and I was kept on along with all the other employees at the time about a year ago they took my days from 5 to 4 stating cost as the reason
Submitted: 10 months ago.
Category: Canada Law
Expert:  Daniel Freudman replied 10 months ago.

Are you an employee or an independent contractor?

For how long were you working at this job, and what was your position / duties?

Customer: replied 10 months ago.
Employee and they took over 4 years ago. I was with the previous owner for 9 years also.My position was accounting. Doing AR, AP, Payroll
Expert:  Daniel Freudman replied 10 months ago.

If you were working at this role for over 8 years, then the Employment Standards Act (Ontario) mandates a minimum termination pay of 8 weeks. This means you must be given either 8 weeks notice or 8 weeks pay in lieu of notice (if notice is not given). The key word there is minimum 8 weeks. So although the statute (ESA) says 8 weeks, common law (cases) almost always direct that the bare minimum is just the starting point and more should be given based on seniority, role, level of responsibility, amount of people you're supervising, etc. So, you may be able to get 16 weeks termination pay, depending on the circumstances (perhaps a bit more, perhaps a bit less). The only way they could avoid having to pay you this amount is if they allege your termination was for cause (e.g. there were lawful grounds to terminate you such as for gross negligence, theft, etc.). But as you said you were terminated without reason and without notice, it sounds like you're entitled to a minimum of 8 weeks termination pay, and almost certainly more. If they don't voluntarily agree to pay you this, and there is no justifiable reason for their refusal, then you can commence legal action against them seeking such amounts.

Hopefully that answers your question.