Wrongful Dismissal Lawyer in Toronto
When you don't get the notice or pay you are owed.
In Ontario, being fired is not unlawful in itself. An employer can end your employment without a reason, but it has to give you proper notice or pay instead. A dismissal is "wrongful" when you don't get what you are owed, or when your employer claims a cause it cannot prove.
Three common situations
Fired without cause, with too little notice or pay. This is the most common wrongful dismissal claim. The offer meets the ESA minimum, or less, when you are owed far more.
Fired "for cause." Just cause is a high bar. Courts look at whether the misconduct, in its full context, made the employment relationship unworkable. A single mistake, or poor performance without clear warnings, rarely meets it.
Fired after a leave, a complaint or a disclosure. If the timing points to a pregnancy, a disability, your age, a safety complaint or a request for accommodation, you may also have a human rights or reprisal claim. Human rights applications must usually be filed within one year.
How reasonable notice is decided
Unless your contract validly limits you to the ESA minimums, you are owed "reasonable notice." Courts weigh four main factors: the kind of work you did, your length of service, your age, and how easy it will be to find similar work. Twenty-four months is generally treated as the upper end, with longer periods reserved for exceptional cases.
Short service does not mean a short notice period. Employees with only a year or two can be owed several months, especially if they were recruited away from a secure job.
What your damages can include
Your base salary for the notice period.
Bonuses and commissions you would have earned, unless your plan clearly and unambiguously excludes them.
Benefits, or their value, and pension contributions.
In some cases, additional damages if the dismissal was carried out in bad faith or in an unduly harsh way.
You are expected to look for comparable work, and what you earn in a new job during the notice period usually reduces what you are owed. Your ESA minimums are not reduced this way.
What to do right now
Don't sign anything yet. Signing a release usually ends your claim.
Gather your documents. Your employment contract, offer letter, termination letter, recent pay stubs, bonus or commission plan and benefits booklet.
Write down what happened. Note who said what at the termination meeting while it is still fresh.
Apply for Employment Insurance. Apply as soon as possible, even if you are receiving severance. Waiting more than four weeks after your last day can cost you benefits.
Start looking for work, and keep a record. It protects your claim if your employer later argues you didn't try.
How we help
A free 30-minute call to hear what happened and tell you whether you have a claim worth pursuing.
A termination assessment, $350 plus HST. We review your contract and package against current case law and give you a written strategy.
Negotiation or litigation, on an hourly retainer or, for qualifying cases, a contingency fee. Most cases settle without a trial.
Related: Severance Package Review · Constructive Dismissal · Temporary Layoff
Lost your job? Find out what you are really owed.
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