Wrongful Dismissal Lawyers
What is wrongful dismissal in Ontario?
Wrongful dismissal generally means an employee was let go without receiving the proper notice of termination or pay in lieu. The Employment Standards Act, 2000 (ESA) sets minimum entitlements, while court-made (“common law”) reasonable notice can be higher depending on factors such as length of service, position, age, and the job market.
ESA minimums vs. common-law notice
The ESA provides the floor - minimum notice and, in some cases, statutory severance. Many non-unionized employees are owed more under the common law. Our assessment looks at both: notice or pay in lieu, benefits continuation, vacation, bonuses and commissions, and any termination clauses in the employment agreement.
Common Ontario scenarios we handle
• Termination without cause: review of notice, severance, benefits, bonuses/commissions, and mitigation duties.
• Constructive dismissal: significant unilateral changes to pay, duties, location, or hours can amount to termination at law.
• Temporary layoff issues: layoffs are tightly regulated; exceeding limits or lacking contractual authority can trigger a deemed termination.
• Mass terminations: special ESA rules and notice requirements may apply.
• Federally regulated employees (banks, telecom, airlines): separate “unjust dismissal” rules under the Canada Labour Code.
• Executives and specialized roles: equity and incentive plans, confidentiality, and restrictive covenants.
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). Act promptly to preserve your rights.
Our Ontario-focused process
Rapid case review: we confirm jurisdiction, key deadlines, and your goals.
Entitlements analysis: side-by-side ESA and common-law assessment, including contract terms and compensation structure.
Strategy and negotiation: demand letter, without-prejudice discussions, mediation, or litigation if required.
Clear communication: plain-English advice on options, risks, timelines, and costs.
Who we help (Ontario-wide)
We assist non-unionized employees and employers across Ontario, including Toronto, Ottawa, Mississauga, Brampton, Hamilton, London, Kitchener-Waterloo, Markham, Vaughan, and Windsor. Virtual consultations are available province-wide.
FAQs
How much notice or pay in lieu am I owed?
It depends. The ESA sets minimums, and many employees have higher common-law entitlements based on individual factors. A lawyer can assess both for you.
Am I eligible for severance pay?
Some employees qualify for statutory severance under the ESA. Common-law damages may exceed ESA minimums depending on the circumstances.
I was “temporarily laid off.” What does that mean?
Layoffs are regulated and time-limited. If limits are exceeded or your contract doesn’t allow layoffs, the situation may be treated as a termination at law. Get advice quickly.
How fast do I need to act?
Employment matters have strict timelines. Consult a lawyer as soon as possible to protect your rights.
Speak with an Ontario employment lawyer
Book a confidential consultation to understand your options in clear terms so you can decide how to proceed. We discuss fee structures up front (for example, hourly or flat-fee where suitable, or contingency where permitted by law).