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Have You Been Wrongfully Dismissed in the Toronto Area?
If your employer changed your job or the work conditions have changed, click here for information regarding constructive dismissal.
Wrongful dismissal after years of service is a serious matter. There are things you need to know. First, your employer may have breached the terms of your employment agreement and, potentially, the Employment Standards Act.
Second, have you been asked to accept/sign a severance offer? Wait, don’t sign! The first offer from your employer is rarely, if ever, fair.
Despite what your employer may say about you needing to sign, that is simply not true. Once you sign and accept the severance package, you cannot later claim additional severance under the common law. This could be many thousands of dollars and months of severance versus weeks. You may also be awarded additional damages depending on your employer’s conduct.
Have us review your severance offer before you sign so we can get you what you’re truly entitled to under the common law.
Third, an employer can terminate you for any reason, or no reason at all and they are not required to tell you the reason. They often offer the minimum severance under the Employment Standards Act and hope you’ll go away.
The minimum rarely reflects the particular situation and this why your employer’s offer must be aligned with the common law, which is often much more.
Simply put, there’s no reason to settle for less than your full entitlements.
Once we review your situation, your options on how to move forward will be clear.
We’re among the top-rated employment law firms in Ontario with an exceptional track record of positive outcomes. See our outstanding Google Reviews further down this page.
Finding out if we can help costs you nothing.
Here’s how it works:
Unlike other law firms, the people you speak with aren’t simple “appointment setters.” They’re adept in determining if speaking to one of our lawyers can help you. And isn’t that what you need to know right now? …without spending a cent?
If our intake specialist recommends a “Strategy Session” with one of our lawyers, you can breathe a sigh of relief knowing you’re on track to resolve your issue efficiently.
Call now to speak with an intake specialist free of charge and find out if a Strategy Session is right for you.
Severance FAQs
What is a reasonable severance package in Canada?
A reasonable severance package in Canada varies substantially based on the circumstances of the employee. While there are many factors which can contribute to the calculation of a reasonable package, there are common factors which are typically considered, known as the Bardal factors.
Do I need a lawyer to negotiate severance?
Employees can try to negotiate alone, but almost always, a lawyer can get them more. Seeking the advice of an experienced employment lawyer helps a dismissed employee understand whether the severance package they are offered is reasonable in comparison with what a judge will likely give them.
How do I get a good severance package?
An employment lawyer is likely in the best position to assess the appropriate severance package of an employee who has been let go. A good lawyer will know how and when to negotiate, and when to initiate a Statement of Claim to get defendants to pay you through settlement or a court order.
Is termination of employment the same as being fired?
Yes – having your employment terminated by your employer is the same as being fired or let go. A termination of employment is either with or without cause, which affects whether or not you are entitled to termination pay. Sometimes employers try to claim that a termination is for cause when it is not. Wrongful dismissal is when an employee is told they are in fact fired or dismissed.
What are my rights if my employment is terminated?
As an employee, if your employment is terminated without cause – that is, through no fault of your own, you are entitled to termination pay, or common law reasonable notice or pay in lieu. If you are an employee and have been terminated, contact an experienced employment lawyer to help assess your case.
Can an employer fire you for no reason in Ontario?
In Ontario, employers are able to dismiss an employee without reason – as long as the reason is not related to Human Rights. Employers have to provide the appropriate amount of notice or termination pay to the dismissed employee. The appropriate amount of notice will largely depend on the employment agreement if applicable, and if not, on common law reasonable notice.
