Wrongful Dismissal Lawyers
What is wrongful dismissal in Ontario?
Wrongful dismissal generally means an employee was let go without receiving proper notice of termination or pay in lieu. The Employment Standards Act, 2000, known as the ESA, sets minimum termination entitlements, but many non-unionized employees may be owed more under common-law reasonable notice.
If you received a termination letter, release, or exit package, a severance package review can help determine whether the offer reflects your ESA minimums, common-law notice, benefits, bonus, commission, and other compensation entitlements.
ESA minimums vs. common-law notice
The ESA provides the floor: minimum notice and, in some cases, statutory severance pay. Common-law notice can be significantly higher depending on factors such as length of service, age, position, compensation structure, availability of similar work, and the terms of the employment agreement.
At Vanguard Law, our assessment looks at both ESA minimums and common-law entitlements, including pay in lieu of notice, benefits continuation, vacation pay, bonuses, commissions, equity or incentive compensation, restrictive covenants, and termination clauses. Where the issue involves a major change to your job rather than a formal firing, you may need advice about constructive dismissal.
Common Ontario scenarios we handle
Termination without cause: We review notice, severance, benefits, bonuses, commissions, mitigation duties, and whether the employer’s offer is legally reasonable. Before signing a release, employees should consider a severance package review.
Constructive dismissal: Significant unilateral changes to pay, duties, title, location, hours, reporting structure, or working conditions may amount to termination at law. Learn more about constructive dismissal.
Temporary layoff issues: Layoffs are tightly regulated. If your employer does not have contractual authority to lay you off, or if statutory limits are exceeded, the layoff may be treated as a termination.
Toxic or poisoned workplace: Bullying, harassment, discrimination, intimidation, reprisals, or a poisoned work environment may overlap with a wrongful dismissal claim. If your workplace became intolerable, review our page on toxic work environment claims.
Mass terminations: Special ESA rules and notice requirements may apply where a group of employees is terminated within a defined period.
Federally regulated employees: Employees in industries such as banking, telecommunications, airlines, and interprovincial transportation may have separate rights under the Canada Labour Code.
Executives and specialized roles: Senior employees may have claims involving bonuses, equity, incentive plans, confidentiality obligations, non-solicitation clauses, non-competition clauses, and reputation-sensitive exits.
Deadlines and limitation periods
Strict timelines apply to employment claims. In many wrongful dismissal court actions, the basic limitation period is two years from when the claim is discovered, often the termination date. Employees should act promptly to preserve their rights, gather documents, and avoid signing a release before understanding the value of their claim.
If your employer gave you a short deadline to accept a severance offer, do not assume the deadline is the final word. A severance package review can help you understand your options before you decide whether to accept, negotiate, or pursue a claim.
Our Ontario-focused process
Rapid case review: We confirm your employment status, jurisdiction, key deadlines, termination documents, compensation structure, and goals.
Entitlements analysis: We assess ESA minimums, common-law notice, benefits, vacation pay, bonuses, commissions, employment contract terms, and any termination clause the employer may rely on.
Strategy and negotiation: We identify leverage points, prepare a demand letter where appropriate, engage in without-prejudice negotiations, and pursue mediation or litigation if needed.
Clear communication: We explain your options, risks, timelines, and costs in plain English so you can make informed decisions at each stage.
If your dismissal involves disability, medical leave, denied benefits, harassment, discrimination, reprisal, or a poisoned workplace, we also assess whether related claims should be advanced alongside the wrongful dismissal claim. In some cases, an employment issue may overlap with a long-term disability denial or a toxic work environment claim.
Who we help across Ontario
Vanguard Law assists non-unionized employees across Ontario, including Toronto, Ottawa, Mississauga, Brampton, Hamilton, London, Kitchener-Waterloo, Markham, Vaughan, Oakville, St. Catharines, Niagara, and Windsor. Virtual consultations are available province-wide.
Related employment law services
Wrongful dismissal issues often overlap with other employment law problems. You may also need help with:
Severance Package Review — before signing a release or accepting a termination offer.
Constructive Dismissal — if your employer changed your pay, duties, title, location, hours, or working conditions.
Toxic Work Environment — if bullying, harassment, intimidation, discrimination, or reprisals contributed to your departure.
FAQs
How much notice or pay in lieu am I owed?
It depends. The ESA sets minimum termination entitlements, but many employees have higher common-law entitlements based on length of service, age, role, compensation, job market conditions, and the employment contract. A lawyer can assess both for you.
Am I eligible for severance pay?
Some employees qualify for statutory severance under the ESA. Even where statutory severance does not apply, common-law damages may still exceed the employer’s initial offer depending on the circumstances.
I was temporarily laid off. What does that mean?
Temporary layoffs are regulated and time-limited. If the layoff exceeds statutory limits or your employment contract does not allow layoffs, the situation may be treated as a termination at law.
Should I sign my severance offer by the deadline?
Not before understanding your rights. Employers often include short response deadlines in severance offers, but you may still have room to negotiate. Get legal advice before signing a release.
How fast do I need to act?
Employment matters have strict timelines. Consult an employment lawyer as soon as possible after termination, especially before signing any release, accepting a severance package, or missing a limitation period.
Speak with an Ontario employment lawyer
Book a confidential consultation with Vanguard Law to understand your rights, assess your severance or wrongful dismissal claim, and decide how to proceed. We discuss fee structures up front, including hourly fees, flat fees where suitable, or contingency arrangements where permitted by law.