"One of the biggest mistakes people make when they think they’ve been constructively dismissed or wrongfully dismissed is relying on advice from family, friends, or online severance calculators. These sources can give you an incomplete or misleading picture of your rights and entitlements. Every situation is unique, and what worked for someone else may not apply to you. Speaking to a qualified employment lawyer can help you avoid costly errors and ensure you take the right steps to protect your future."
04Aug

Wrongful Dismissal in Ontario

Losing your job unexpectedly can be overwhelming. If you’ve been dismissed without proper notice or cause, you may have a valid claim for wrongful dismissal under Ontario law. Whether you call it unjust dismissal, illegal termination, or wrongful termination, the principle is the same: your rights may have been violated.

This article explains what wrongful dismissal means in Ontario, how it differs from lawful termination, and what steps you can take to protect your rights.

What Is Wrongful Dismissal in Ontario?

Wrongful dismissal occurs when your employer terminates your employment without providing reasonable notice or adequate termination pay. In Ontario, all non-unionized employees are protected by the Employment Standards Act (ESA) and common law principles, which require that employers either:

If neither is given, or if the notice is inadequate based on your situation, the dismissal may be considered wrongful.

Get A Wrongful Dismissal Lawyer On Your Side

Examples of Wrongful Termination in Ontario

Some common scenarios where wrongful dismissal claims arise include:
  • Being fired without cause and without sufficient notice
  • Receiving a severance offer below your legal entitlements
  • Being let go due to age, disability, pregnancy, or another prohibited ground under the Ontario Human Rights Code
Experiencing a constructive dismissal, where your job duties, pay, or environment change significantly without your agreement.

How Much Compensation Can You Receive for Wrongful Dismissal?

Your entitlement depends on several factors, including:

  1. Your length of service
  2. Your age
  3. The character of your employment
  4. The availability of comparable employment

In many cases, Ontario courts award between 3 to 24 months of pay in lieu of notice. In rare or exceptional circumstances, courts may go beyond 24 months.

Wrongful Termination vs. Unjust or Unlawful Dismissal

While the legal definitions may vary slightly, people often use terms like unlawful job termination, unjustified dismissal, or illegal firing to describe similar situations. The core issue is whether your employer respected your legal rights during the termination.

Unlawful dismissal may also include cases involving:

What to Do If You’ve Been Wrongfully Terminated

  • Do not sign anything immediately. Employers may pressure you to accept an inadequate offer.
  • Get legal advice. A wrongful dismissal lawyer can assess whether your termination was lawful and what compensation you may be owed.
  • Document everything. Keep copies of your employment contract, termination letter, and communication with your employer.

If your dismissal was unfair, you may be entitled to termination pay, severance pay, and potentially additional damages.

Christopher Achkar - Employment Lawyer

“Being let go doesn’t mean you lose your rights. At Achkar Law, we help clients challenge unfair dismissals and secure the compensation they’re owed because employers don’t always get it right.“
— Christopher Achkar, Employment Lawyer

Frequently Asked Questions About Wrongful Dismissal in Ontario

What is considered wrongful dismissal in Ontario?

Wrongful dismissal happens when an employer terminates you without proper notice or termination pay under Ontario’s Employment Standards Act or common law. If you were dismissed unfairly or without legal cause, you may have a claim.

Is wrongful dismissal the same as wrongful termination?

Yes. In Ontario, both terms are often used interchangeably. While “wrongful dismissal” is more common in Canadian law, “wrongful termination” is frequently used by employees searching for answers online.

What makes a termination unlawful or illegal?

If you were fired for discriminatory reasons, retaliation, or while exercising legal rights such as taking sick leave, your termination may be unlawful under the Human Rights Code or ESA.

Can I sue for unfair or unjust termination?

Yes. If your employer didn’t follow legal procedures, failed to provide notice, or dismissed you in bad faith, you may be entitled to compensation for unfair or unjust termination in Ontario.

What if I was constructively dismissed?

Even without a formal termination letter, if your job changed significantly or the work environment became toxic, you may have been constructively dismissed. This can still qualify as wrongful dismissal.

Do I need a lawyer to handle a wrongful dismissal case?

While not required, having a lawyer review your termination and severance offer is strongly recommended. Many employees are entitled to more than what they are offered.

Conclusion

If you believe you’ve been wrongfully dismissed, don’t settle for less than you deserve.

At Achkar Law, our team of employment lawyers helps individuals across Ontario understand their rights and pursue the compensation they’re owed.

If you are not sure whether you’re facing constructive dismissal or wrongful dismissal? Our lawyers can help you make sense of your situation and pursue the compensation you deserve.

Contact us today for a consultation.

Phone Toll-free: 1-800-771-7882 | Email: [email protected]

wrongful termination ontario

The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©

Workplace Law Topics: Wrongful Dismissal, Constructive Dismissal, Severance.