What Counts as Wrongful Dismissal in Ontario?
Many employees assume they are only entitled to one week of pay per year of service under the Employment Standards Act, but Ontario courts frequently award “damages in lieu of notice” for wrongful dismissal that go well beyond the statutory minimum. For example, an employee with 12 years of service might receive roughly nine months of notice pay, about one month per year worked, far exceeding the statutory floor. There is no strict formula; courts weigh age, position, length of service, and the circumstances of the termination. Learn more about how to prove a wrongful dismissal in Ontario and what termination of employment entitles you to under Ontario law.
Can a Layoff Turn Into a Wrongful Dismissal Claim in Cambridge or Kitchener-Waterloo?
Extended layoffs can constitute a legal termination. When a layoff is not addressed in the employment contract, it may amount to wrongful dismissal, entitling the employee to damages based on length of service and other factors. An employment lawyer can review your contract and layoff notice to determine whether your rights have been affected.
Do I Have to Look for a New Job While My Severance Claim Is Ongoing?
Yes. After a dismissal, Ontario employees have a legal duty to actively search for comparable work. Keeping written records of every employer contacted, every résumé sent, and every job search effort strengthens your claim and protects your entitlement to full damages.
Does My Severance Include Bonuses, Overtime, and Benefits?
Courts calculate your full pre-dismissal income when assessing damages, including regular bonuses, overtime pay, and the value of health and dental benefits, plus reimbursement for out-of-pocket medical expenses incurred during the notice period. Many employees accept a severance offer without realizing bonuses and benefits should be factored in; an employment lawyer’s severance review can identify what may be missing before you sign.
Should I Sign My Severance Package Right Away?
Employers offer severance to limit their liability, structured as a lump sum or ongoing payments, and often require a signed release before payment. Some packages include restrictive covenants or non-compete clauses; Ontario courts typically find such restrictions unreasonable unless they are narrowly scoped. Speaking with legal counsel before signing anything protects your right to a fair severance and preserves options that a rushed signature could close off. Read more about key clauses in employment contracts and their legal significance, or learn what to know before navigating a constructive dismissal in Ontario.
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Can My Employer Fire Me Without Severance for “Just Cause”?
Employers are not required to provide reasons for termination as long as notice or pay in lieu of notice is given. However, termination “for cause,” meaning serious misconduct such as theft, requires no severance at all. Ontario courts scrutinize these terminations closely to determine whether the alleged conduct actually justifies a for-cause dismissal, and many “for cause” terminations do not hold up under legal review.
What Happens to My Severance Rights During a Company Restructuring or Downsizing?
Employees affected by a restructuring, downsizing, or workplace reorganization keep the same entitlement to fair notice or severance as any other terminated employee. A restructuring does not automatically reduce what you are owed. Learn more about the rights of employees during company restructuring or downsizing in Ontario.
Why Choose an Ontario Employment Lawyer for a Wrongful Dismissal or Severance Claim?
This firm brings decades of experience advocating for Ontario employees, with a proven record in wrongful dismissal and severance negotiations. Clients benefit from service across Cambridge, Kitchener-Waterloo, Guelph, Hamilton, and the rest of Ontario, no legal fees until a settlement is reached, and personalized representation with straightforward, plain-language legal counsel rather than a one-size-fits-all approach.
How Are Wrongful Dismissal and Severance Cases Resolved?
Most files follow the same pattern: a rapid assessment of your termination documents to identify pressure points, an evidence plan that aligns the facts and paperwork to counter the employer’s version of events, negotiation with firm deadlines that escalates when necessary, and continuous, clear communication about status and next steps throughout your file.
Which Cities Does This Employment Lawyer Serve in Ontario?
Based in Cambridge, this employment lawyer and legal counsel represents terminated and dismissed employees throughout Kitchener, Waterloo, Guelph, Hamilton, Mississauga, Burlington, Oakville, Toronto, Richmond Hill, Brampton, and across Ontario. If your termination followed a workplace injury or a long-term disability claim, this firm’s personal injury and long-term disability lawyers can also review whether you have an overlapping claim. Contact the office for a free, confidential severance review; there are no fees until your case settles.
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