Milton & GTA
If you were terminated without adequate notice or severance, we can help you understand your rights and options under Ontario employment law.
We advise on wrongful dismissal, severance, and constructive dismissal.
We respond to inquiries within 24 hours.
Practical advice on notice, severance, and workplace rights.
Initial consultation to review your situation and next steps.
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 in our process
Tell us what happened. We review your situation and explain your options.
We review termination letters, severance offers, contracts, and releases.
We advise on negotiation, settlement, or litigation based on your case.
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 two years under the Limitations Act, 2002, often starting when you knew or ought to have known about the dismissal. ESA complaints can have different deadlines. Act quickly and speak with a lawyer about your timeline.
Under the Employment Standards Act, termination pay (notice or pay in lieu) applies after three months of employment and ranges from one to eight weeks by length of service. ESA severance pay is separate: it may apply after five years if the employer meets payroll or mass-termination rules. Common law reasonable notice is a different calculation and is often longer, unless an enforceable contract limits you to ESA 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.
Document your termination and do not sign a release without advice. Contact us for a free consultation to review your rights and options.
We offer a free initial consultation. If you proceed, we discuss fees and scope before any further work.
We offer a free consultation to review your situation and explain your rights and options under Ontario employment law.