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Sometimes dismissed employees are better off not calling lawyers.

A decision just issued by Ontario Superior Court Justice Robert Centa made that point clearly.

The case involved a 22-year-old associate advisor with a financial services company who had worked for less than three months at a salary of $28,002 per annum, when he was terminated. Should someone of that age, income and length of service ever sue for wrongful dismissal? At most, I would say, they should be advised to use small claims court. What would that case be objectively worth? Absent extraordinary factors, $5,000 on a good day.

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At his own initiative, the employee had filed an Employment Standards Act (ESA) claim with the Ministry of Labour. It denied his claim for termination pay because he had worked less than three months but awarded him $100 for “reprisal” based on the employer’s suggestion that he would not receive a positive reference if he filed his complaint.

Employees should note the small amounts awarded through the Ministry of Labour and approach that remedy cautiously.

Many employees believe that they can file an ESA claim, quickly get the few weeks pay the ministry provides and then sue for up to 30 months in court. They cannot. Filing the ESA claim precludes you from later suing for wrongful dismissal, unless you withdraw the claim within two weeks.

While proceeding through the ESA, the employee contacted a law firm which nevertheless advised him to finish with...

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