Wrongful Dismissal in Ontario: Know Your Rights Before You Sign Anything

Wrongful dismissal in Ontario occurs when an employee is terminated without proper notice or pay in lieu of notice. It does not mean the employer was wrong to let you go. It means they failed to provide the notice or compensation the law requires.

Most employees terminated without cause are entitled to reasonable notice under common law, which is typically significantly higher than the minimums set out in the Employment Standards Act, 2000. A wrongful dismissal lawyer can assess your specific entitlements based on your age, length of service, position, and other factors.

In Ontario, the terms wrongful dismissal and wrongful termination are generally used interchangeably. Both refer to a situation where an employee is let go without receiving the notice or severance they are legally entitled to. "Wrongful termination" is sometimes used more colloquially, while "wrongful dismissal" is the more precise legal term used in Ontario courts.

Either way, if you were terminated and believe you were not given fair notice or compensation, speaking with a wrongful dismissal lawyer is the right first step.

You are not legally required to have a lawyer, but getting legal advice before accepting any severance offer or signing any documents is strongly recommended. Employers and their lawyers are experienced at structuring termination packages that minimize their liability. Without legal advice, you may not know whether the offer reflects your full entitlements.

A wrongful dismissal lawyer can review your package, calculate what you may actually be owed, and advise you on whether to accept, negotiate, or pursue a claim. In many cases, the cost of legal advice is recovered many times over through a better settlement.

In many cases, yes. If your employer's initial offer does not reflect your full entitlements at common law, a wrongful dismissal lawyer can negotiate a significantly higher settlement. Employers frequently make low initial offers knowing that many employees will accept without seeking advice.

If your employer's termination clause is unenforceable, if you are a long-service or senior employee, or if your employer acted in bad faith during the dismissal, the gap between the initial offer and what you may be owed can be substantial.

Unlawful or wrongful firing in Ontario typically refers to a termination where the employer failed to provide proper notice, offered inadequate severance, terminated the employee for an illegal reason such as discrimination or retaliation, or dismissed the employee in a way that breached the employment contract.

Even a termination that was legitimate for business reasons can constitute wrongful dismissal if the employee was not given proper notice or pay in lieu. A wrongful termination lawyer can assess whether your firing meets the legal standard and what remedies may be available.

In Ontario, the general limitation period for a wrongful dismissal claim is two years from the date of termination. For complaints under the Employment Standards Act, 2000, different timelines may apply.

While two years may seem like ample time, acting promptly is always advisable. Evidence is easier to gather, recollections are fresher, and your negotiating position is stronger early in the process. Achkar Law recommends speaking with a wrongful dismissal lawyer as soon as possible after your termination.

A wrongful dismissal lawyer reviewing your termination will look at several key factors: the terms of your employment contract and whether any termination clause is enforceable, your length of service and the notice you were given or offered, your age and the availability of comparable employment, how the termination was conducted and whether your employer acted in bad faith, and whether the termination may have been connected to a protected characteristic or a complaint you made.

This assessment gives you a clear picture of your legal position and what options are available to you before you make any decisions.