Milton & GTA
If you were terminated without adequate notice or severance, we can help you understand your rights and options under Ontario employment law.
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Wrongful dismissal occurs when an employer terminates an employee's employment without providing adequate notice or severance pay as required by Ontario law, or when the termination violates the terms of the employment contract or employment standards legislation.
In Ontario, employees are protected by both the Employment Standards Act (which sets minimum statutory requirements) and common law (which often provides more generous protections). Common law notice periods are typically much longer than statutory minimums and are based on factors such as:
If you believe you've been wrongfully dismissed, it's important to seek legal advice promptly to understand your rights and explore your options for seeking compensation.
When you may have a wrongful dismissal case
You were let go without a valid reason, or your employer failed to provide proper notice or severance pay as required by Ontario law.
You were fired for alleged misconduct, but the employer lacked sufficient grounds or proper evidence to justify termination with cause.
Your employer made significant changes to your job (pay, hours, location, responsibilities) that forced you to resign, effectively terminating your employment.
You were terminated based on protected grounds such as age, disability, gender, race, religion, or other protected characteristics under the Ontario Human Rights Code.
You were fired after exercising your legal rights, such as filing a complaint, taking protected leave, or reporting workplace violations.
Potential entitlements after wrongful dismissal
Under the Employment Standards Act, you may be entitled to severance pay if you worked for your employer for 5+ years and the employer has a payroll of $2.5M+ or dismissed 50+ employees.
Common law notice periods are often longer than statutory minimums. You may be entitled to reasonable notice based on your age, length of service, position, and job market conditions.
During the notice period, you may be entitled to continued health benefits, pension contributions, and other employment benefits.
If your termination was wrongful, you may be entitled to damages for lost wages, benefits, and in some cases, punitive damages for bad faith conduct.
Important: The information provided here is for general informational purposes only and does not constitute legal advice. The specific entitlements in your case will depend on your individual circumstances. We recommend consulting with a qualified employment lawyer to understand your rights and options.
Steps to connect you with employment law assistance
Contact us for a free, no-obligation consultation. We'll listen to your situation and understand your employment law needs.
We connect you with a qualified employment lawyer from our trusted network who specializes in wrongful dismissal cases in Ontario.
Your matched lawyer will review your case, explain your rights, and represent your interests in negotiations or court proceedings.
Common questions about wrongful dismissal in Ontario
Wrongful dismissal occurs when an employer terminates an employee without providing adequate notice or severance pay as required by law, or when the termination violates the employment contract or employment standards legislation. In Ontario, employees are protected by both the Employment Standards Act and common law, which often provides greater protections than statutory minimums.
The limitation period for wrongful dismissal claims in Ontario is generally 2 years from the date of termination. However, it's important to act quickly as evidence can become harder to gather over time, and early action can strengthen your position in negotiations or litigation.
Termination pay is the minimum notice or pay in lieu of notice required under the Employment Standards Act (typically 1-8 weeks depending on length of service). Severance pay is an additional payment required for employees with 5+ years of service when the employer meets certain thresholds. Common law notice periods are often much longer than these statutory minimums.
Constructive dismissal occurs when an employer makes fundamental changes to your employment (such as significant pay cuts, demotions, relocation, or major changes to job duties) without your consent, effectively forcing you to resign. In Ontario, constructive dismissal is treated the same as wrongful dismissal, and you may be entitled to the same remedies.
Yes, employers in Ontario can terminate employees without cause, but they must provide reasonable notice or pay in lieu of notice. The amount depends on various factors including your age, length of service, position, and the availability of similar employment. Common law notice is typically much more generous than the statutory minimums.
First, document everything related to your termination. Do not sign any release or severance agreement without legal advice. Contact us to connect with an employment lawyer who can review your case, explain your rights, and help you negotiate a fair settlement or pursue legal action if necessary.
We offer free initial consultations to help you understand your rights and options. If you decide to proceed with legal representation, your matched lawyer will discuss their fee structure with you. Many employment lawyers work on a contingency basis or offer flexible payment arrangements.
We offer a free consultation to review your situation and explain your rights and options under Ontario employment law.