Milton & GTA

Wrongful Dismissal Lawyer Milton

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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What is Wrongful Dismissal in Ontario?

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:

  • Your age and length of service with the employer
  • Your position, responsibilities, and level of compensation
  • The availability of similar employment in the job market
  • Any other relevant factors specific to your situation

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.

Common Wrongful Dismissal Scenarios

When you may have a wrongful dismissal case

Termination Without Cause

You were let go without a valid reason, or your employer failed to provide proper notice or severance pay as required by Ontario law.

Termination With Cause

You were fired for alleged misconduct, but the employer lacked sufficient grounds or proper evidence to justify termination with cause.

Constructive Dismissal

Your employer made significant changes to your job (pay, hours, location, responsibilities) that forced you to resign, effectively terminating your employment.

Discriminatory Termination

You were terminated based on protected grounds such as age, disability, gender, race, religion, or other protected characteristics under the Ontario Human Rights Code.

Retaliation

You were fired after exercising your legal rights, such as filing a complaint, taking protected leave, or reporting workplace violations.

What You May Be Owed

Potential entitlements after wrongful dismissal

Severance Pay

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.

Notice Pay

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.

Benefits Continuation

During the notice period, you may be entitled to continued health benefits, pension contributions, and other employment benefits.

Damages

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.

How We Work

Steps to connect you with employment law assistance

1

Free Consultation

Contact us for a free, no-obligation consultation. We'll listen to your situation and understand your employment law needs.

2

Expert Matching

We connect you with a qualified employment lawyer from our trusted network who specializes in wrongful dismissal cases in Ontario.

3

Legal Representation

Your matched lawyer will review your case, explain your rights, and represent your interests in negotiations or court proceedings.

Frequently Asked Questions

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.

Discuss Your Wrongful Dismissal Case

We offer a free consultation to review your situation and explain your rights and options under Ontario employment law.

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