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Wrongful Dismissal Claims in Ontario
Were you terminated without proper compensation?
In Ontario, most employees are entitled to reasonable notice or pay in lieu of notice when terminated without cause. If your employer offered you little or no severance, or fired you under questionable circumstances, you may have a wrongful dismissal claim.
What I handle
- Wrongful dismissal / termination without cause
- Inadequate severance packages
- Constructive dismissal
- Termination during medical leave
- Employment contract disputes
- Severance negotiation
Limitation periods
In Ontario, you generally have two years from the date of your dismissal to start a wrongful dismissal lawsuit. Do not sign a severance offer or release without first getting legal advice. Once signed, it may be difficult to challenge.
Frequently asked questions
How much severance am I entitled to in Ontario?
There is no fixed formula. Courts consider your age, length of service, the nature of your role, and the availability of similar employment. Common law entitlements are often significantly more than the Employment Standards Act minimums.
Should I sign a severance offer from my employer?
Do not sign anything without getting legal advice first. Once you sign a release, you give up your right to pursue additional compensation.
What is constructive dismissal?
Constructive dismissal occurs when your employer makes a significant change to your job (such as a major demotion, pay cut, or relocation) without your consent, effectively forcing you to resign.
Can I be fired while on medical leave?
Being terminated while on medical leave does not automatically make the dismissal wrongful, but it raises serious legal concerns and may strengthen your claim for damages.
Related reading
I also handle: Motor Vehicle Accidents | Slip and Fall | Long-Term Disability | Defective Product