Puis-je poursuivre mon employeur pour congédiement injustifié ?
What Is Wrongful Dismissal?
In Ontario, wrongful dismissal doesn't necessarily mean your employer fired you unfairly. It means they didn't provide you with adequate notice or pay in lieu of notice when they terminated your employment without cause.
Unless you were fired for serious misconduct (known as termination "for cause"), your employer owes you a reasonable transition period. If they fall short, you may have a legal claim.
How Much Notice Am I Entitled To?
Ontario employees are entitled to notice under two frameworks:
- Employment Standards Act (ESA): Provides minimum notice based on years of service, up to 8 weeks for employees with 8+ years of service. This is the legal floor.
- Common law: Courts typically award significantly more, often one month per year of service as a rough guideline, though the actual amount depends on several factors.
Factors that affect your common law notice entitlement include:
- Your age
- Length of service
- The character of your position (seniority, specialization)
- Availability of similar employment
What About Severance Pay?
Severance pay under the ESA is a separate entitlement that applies if your employer has a payroll of $2.5 million or more and you have worked there for at least 5 years. It's calculated at one week's pay per year of service, up to 26 weeks.
Important: Many employers offer a severance package that meets only the ESA minimums. In most cases, you are entitled to significantly more under common law.
Should I Sign the Severance Package?
Employers often pressure employees to sign quickly, sometimes attaching a deadline of just a few days. Before you sign anything:
- Don't feel rushed. A reasonable employer will give you time to seek legal advice.
- Get an independent legal opinion. A lawyer can tell you whether the offer is fair or whether you're leaving money on the table.
- Understand what you're giving up. Most severance agreements include a full release, meaning you waive your right to sue.
What About Constructive Dismissal?
You may also have a claim if your employer didn't technically fire you but made significant changes to your job without your consent, such as cutting your pay, demoting you, or creating a hostile work environment. This is called constructive dismissal, and it's treated the same as a termination without cause.
What Should I Do Next?
If you've been terminated or think you may have been constructively dismissed, the most important step is to get legal advice before signing anything.
Learn more about how I handle wrongful dismissal claims in Ontario.
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