Subscribe to our newsletters
Wrongful Dismissal Lawyers for Ontario Employees
Assisting employees who have been terminated without proper notice or offered inadequate severance under Ontario law.
In Ontario, most employees are terminated without cause, meaning the employer has decided to end the employment relationship but has not alleged serious misconduct. In these situations, employees are generally entitled to notice of termination or pay in lieu of notice under the Employment Standards Act and, in many cases, additional compensation under common law.
Achkar Law represents employees across Ontario in wrongful dismissal and wrongful termination matters, helping them understand their rights and pursue fair outcomes.
Termination with cause is different. An employer alleging “just cause” is claiming that the employee engaged in serious misconduct that justifies dismissal without notice or compensation. The legal threshold for just cause is high, and employers do not always meet it.
Common allegations of cause may include:
- Serious dishonesty
- Repeated insubordination
- Harassment or workplace misconduct
- Significant breach of company policy
However, whether conduct amounts to just cause depends on the full circumstances of the employment relationship.
If your employer has alleged cause or denied compensation following termination, obtaining legal advice can help determine whether the dismissal was lawful and whether you may have a wrongful dismissal claim.
ESA Minimums vs Common Law Reasonable Notice in Ontario
When an employee is terminated without cause, their entitlement to compensation is not necessarily limited to the minimum amounts set out in the Employment Standards Act, 2000 (ESA). While the ESA establishes statutory minimum notice and severance pay requirements, many employees are entitled to significantly more under common law.
Understanding the difference between ESA minimums and common law reasonable notice is central to many wrongful dismissal claims.
Employment Standards Act (ESA) Minimums
Common Law Reasonable Notice
Under the ESA, eligible employees may receive:
- Termination pay based on length of service
- Statutory severance pay (if the employer meets specific criteria)
- Continuation of benefits during the statutory notice period
These standards represent the legal minimum. Employers cannot contract out of ESA entitlements.
Under the ESA, eligible employees may receive:
- Termination pay based on length of service
- Statutory severance pay (if the employer meets specific criteria)
- Continuation of benefits during the statutory notice period
These standards represent the legal minimum. Employers cannot contract out of ESA entitlements.
Whether an employee is limited to ESA minimums or entitled to common law reasonable notice may depend on the wording of their employment contract.
Improperly drafted termination clauses can affect the outcome of a wrongful dismissal claim.
If you have been terminated and are unsure whether your compensation reflects your full legal entitlement, legal advice can help clarify your position.
Constructive Dismissal in Ontario
Wrongful dismissal can also arise in situations where an employee resigns due to significant changes imposed by the employer. This is commonly referred to as constructive dismissal.
Constructive dismissal may occur when an employer unilaterally makes a substantial change to a fundamental term of employment, effectively forcing the employee to leave.
Constructive dismissal situations may include:
- Significant reduction in compensation
- Demotion or major change in job duties
- Forced relocation
- Unilateral change in reporting structure
- Creation of a poisoned or hostile work environment
Not every workplace change amounts to constructive dismissal. Courts assess whether the employer’s actions substantially altered the essential terms of the employment relationship.
Employees considering resignation in these circumstances should seek legal advice before taking action.
Compensation and Damages in Wrongful Dismissal Claims
When a wrongful dismissal is established, compensation is typically based on the amount the employee would have earned during the appropriate notice period. The goal is to place the employee in the financial position they would have been in had proper notice been provided.
Compensation may extend beyond base salary and can include various components of the employment relationship.
Pay in Lieu of Notice
Bonus, Commission, and Incentive Compensation
Employees may be entitled to compensation representing:
- Salary during the reasonable notice period
- Continuation of benefits
- Pension contributions
- Car allowances or other employment perks
Where reasonable notice exceeds ESA minimums, additional compensation may be owed.
In many cases, employees are entitled to:
Bonuses earned during the notice period
Commission payments
Long-term incentive compensation (depending on plan terms)
The wording of employment contracts and bonus plans can significantly affect entitlement.
Aggravated and Bad Faith Damages
In certain circumstances, additional damages may be awarded where an employer acted in bad faith in the manner of dismissal. This can include misleading conduct, dishonesty, or unfair treatment during termination.
Punitive damages are less common but may be considered in exceptional cases involving particularly egregious conduct.
Each wrongful dismissal claim depends on the specific facts of the employment relationship, including length of service, seniority, industry, and contractual terms.
Properly assessing potential damages requires a careful legal analysis.
If you have been dismissed and are uncertain whether your compensation reflects your full legal entitlement, obtaining legal advice can help clarify your options.
How Wrongful Dismissal Claims Are Resolved in Ontario
Wrongful dismissal disputes are often resolved through negotiation before formal litigation becomes necessary. However, in some cases, court proceedings may be required to secure appropriate compensation.
Understanding the available legal pathways can help employees make informed decisions following termination.
Negotiation and Settlement
Litigation
Many wrongful dismissal claims begin with:
- A review of the termination package
- A demand letter outlining legal entitlements
- Negotiations between counsel
Settlement can often be reached without commencing a lawsuit, particularly where the legal issues are clear.
If negotiations do not result in a fair resolution, a wrongful dismissal claim may proceed through the court system.
Litigation may involve:
- Pleadings and document exchange
- Examinations for discovery
- Mediation
- Trial (in some cases)
Each step requires strategic legal analysis and preparation.
The appropriate course of action depends on the specific circumstances of the termination, the strength of the legal claim, and the employer’s position.
Early legal advice can help clarify strategy and potential outcomes.
Speak With an Ontario Wrongful Dismissal Lawyer
If you believe your termination was handled improperly or that you were not provided adequate notice or compensation, legal advice can help you understand your options under Ontario law.
Toll-free: 1-800-771-7882
“If you’ve been let go without proper notice or severance, you may have more rights than you realize. Our team at Achkar Law is here to help you understand your options and protect what you’re entitled to before you make any decisions.”
— Christopher Achkar, Employment Lawyer
Wrongful Dismissal FAQs
What does a wrongful termination lawyer do?
When should I contact a wrongful firing lawyer?
You should speak to a wrongful firing lawyer as soon as you’re let go, especially if you weren’t given a reason or think the termination was unfair.
Timing matters—waiting too long may limit your legal options or affect your ability to claim damages.
What do wrongful dismissal lawyers look for when reviewing a termination?
Wrongful dismissal lawyers typically assess whether your employer followed proper legal steps, provided adequate notice or pay in lieu, and respected your employment contract.
They’ll also check for possible breaches of Ontario’s employment standards or human rights law.
Can unlawful termination lawyers help if I was fired for discriminatory reasons?
Yes. If you were dismissed due to your age, gender, disability, race, or another protected ground, an unlawful termination lawyer can help you pursue a claim under Ontario’s Human Rights Code in addition to seeking compensation for dismissal.
What qualifies as unlawful firing in Ontario?
Unlawful firing may include termination based on discrimination, retaliation for exercising a legal right, or dismissals without proper notice or severance.
Unlawful firing lawyers can help determine whether your situation meets the legal threshold.
What is the difference between unjust termination and wrongful dismissal?
Unjust termination often refers to situations that feel morally or ethically unfair, while wrongful dismissal is a legal term in Ontario that refers to being let go without proper notice or pay.
Unjust termination lawyers focus on whether your rights were breached under the law.
Can unfair firing lawyers help if I quit because of a toxic workplace?
Yes. If you resigned because the workplace became unbearable due to harassment, discrimination, or significant changes to your job, this could be a case of constructive dismissal. An unfair firing lawyer can help assess whether your resignation was legally forced.
How can a lawyer for wrongful termination help with severance?
A lawyer for wrongful termination can help you understand whether the severance offer you received is fair based on your age, role, length of service, and job prospects. They can negotiate a better outcome if what you were offered falls short of your entitlements.
What if I was fired based on false allegations?
If your employer dismissed you for alleged misconduct that you didn’t commit or without a proper investigation, a false termination lawyer may be able to challenge the dismissal and help you claim damages for reputational harm and lost income.