wrongful dismissal impact employee loyalty programs
In the workplace, employees can be let go for a wide variety of reasons, from downsizing to restructuring processes. However, employers must always adhere to the law and basic human rights when firing a worker. If they don’t, they could face wrongful dismissal claims and damage to their reputation in the marketplace.
If your firing is due to discrimination based on a protected class, such as age, race, sexual orientation, gender identity, religion or disability, you have a case for wrongful termination. This type of firing is not only unlawful but it will also damage the company’s brand and reputation for years to come.
Firing an employee merely because they didn’t do their work well is not a reason to fire them, especially if the job is non-managerial and non-supervisory. In addition, an employer cannot terminate an employee for alleged theft or fraud unless they have caught them in the act and can prove it in court.
How does wrongful dismissal impact employee loyalty programs?
The duty of loyalty is a common issue that arises in employment law cases. As a general rule, the duty of loyalty requires an employee to refrain from acts that are contrary to the employer’s interests. An employer can claim that an employee has breached the duty of loyalty if they engage in competitive activities or disclose confidential information to their competitors (Futch v. McAlister Towing Inc., 1999). An employee who opens a competing business while still employed will be disloyal but mere preparation to open a competitor or even in-house training may not be a breach of the duty of loyalty (McGee v. McGowan & Co., 2015).
It is a breach of the duty of loyalty to assist a competitor of your employer even in indirect ways. For example, if you co-mingle shipments of your employer’s products with those of a competitor, this can be considered disloyal (Cameco Inc. v. Gedicke, 1999). However, helping a competitor to open their doors or having the competition’s goods delivered before your own may not be a breach of the duty.
Having a Toronto wrongful dismissal lawyer to represent you in your case is vital to protecting your rights. Wrongful dismissal lawyers understand all of the tactics that employers use to avoid their obligations to a terminated employee, including failing to give proper notice or severance pay. As experienced wrongful termination lawyers, they will know when this has happened to you and will fight to get you the compensation you deserve.
If you have been wrongfully dismissed, contact Bune Law for advice and assistance. We are a leading Toronto wrongful dismissal law firm with experience, dedication and a proven track record of assisting clients in their termination claims and compensation. Call us today to discuss your situation with one of our wrongful dismissal lawyers in Toronto. We offer free consultations. We have offices in Toronto, Ontario and serve clients throughout Canada. The author of a leading treatise on Canadian Employment Law, Mr. Ball is a former professor at Osgoode Hall Law School and Faculty of Law at Western University, is an arbitrator for the Ontario Labour Relations Board and has appeared as counsel on many cases before the Supreme Court of Canada.
