Trial Victory for Kadish Law Employment Lawyer in Wrongful Termination Case
- Mar 9
- 2 min read
Kadish Law is pleased to share a recent trial victory achieved by employment lawyer Luke Schuster on behalf of a client who had been wrongfully terminated by his employer.
In this case, the employer advanced two common arguments often used to avoid liability in wrongful dismissal claims. First, the employer claimed that the worker was not an employee but an independent contractor. Second, the employer argued that the worker had not been terminated at all and had instead resigned.
At trial, Luke successfully proved both issues.
The Court found that the client was in fact an employee and not an independent contractor. The Court also rejected the employer’s claim that the client had resigned and instead determined that the employer had terminated the employment relationship.
As a result of these findings, the Court awarded the client damages for wrongful termination and severance pay.
Employee vs Independent Contractor Disputes
One of the most common issues in employment law disputes is whether a worker is legally an employee or an independent contractor. Employers sometimes characterize workers as contractors in order to avoid obligations such as severance pay, notice of termination, and other protections under employment law.
Courts in Ontario look beyond the label used by the employer and examine the actual nature of the working relationship. Factors such as control, economic dependence, ownership of tools, and integration into the business are often considered when determining whether someone is truly an employee.
When a court determines that a worker is actually an employee, the employer may be responsible for significant damages if the employment is terminated without proper notice.
Claims That an Employee “Resigned”
Another frequent defence raised by employers is that the employee resigned rather than being terminated. This argument is often made in situations where an employee was pressured to leave, pushed out of the workplace, or presented with circumstances that effectively forced them to stop working.
Courts will closely examine the evidence to determine whether a true resignation occurred. If the court finds that the employer in fact terminated the employee, the employee may be entitled to wrongful dismissal damages.
Wrongful Termination and Severance Pay in Ontario
Employees who are dismissed without proper notice are often entitled to compensation. This may include:
Pay in lieu of notice
Severance pay
Compensation for lost income during the notice period
The amount of compensation depends on factors such as the employee’s age, position, length of service, and the availability of comparable employment.
Speak With an Employment Lawyer
If you believe you were wrongfully terminated or your employer is claiming that you were an independent contractor or that you resigned, you may have legal rights.
An experienced employment lawyer can review your situation and determine whether you are entitled to severance or wrongful dismissal damages.
Kadish Law represents employees across Ontario in wrongful dismissal and employment law disputes.
Contact Kadish Law to speak with an employment lawyer and obtain a review of your case.
