What type of claim can be filed if an employee feels they were fired without just cause?

When an employee feels they were terminated without just cause, the appropriate legal recourse is to file a wrongful dismissal claim. This type of claim arises when an employer ends an employee's contract without providing fair justification or without adhering to the terms stipulated in the employment agreement or applicable labor laws.

In Canada, wrongful dismissal claims assert that the dismissal violated the employee's right to reasonable notice or compensation equivalent to the notice period. The law generally expects employers to demonstrate just cause, which typically involves evidence of misconduct or performance issues, before terminating an employee. If an employee believes they were fired without proper justification, they may seek damages, such as lost wages and benefits, through this claim.

In contrast, a workers' compensation claim pertains to workplace injuries. Discrimination claims are related to unjust treatment based on protected characteristics, such as race or gender. Whistleblower claims arise when an employee reports wrongdoing by their employer and suffers retaliation. None of these options address the issue of being dismissed without just cause as directly as a wrongful dismissal claim does.