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Find a Lawyer » Canada Legal Guides » Ontario Legal Guides » Work & Employment Rights Ontario » Wrongful Dismissal & Severance Ontario
❗Under Ontario’s Employment Standards Act, special rules apply when 50 or more employees are terminated within a four-week window. Eligible workers are entitled to extended group notice periods ranging from…
💡In Ontario, true independent contractors working under a fixed-term contract generally have a duty to mitigate their damages if the contract is broken early. Unless the contract clearly states otherwise,…
💡If you are let go from your job in Ontario, you must apply for Employment Insurance (EI) immediately. Under current temporary federal measures, receiving severance pay will not delay when…
🚨If you were actively headhunted from a stable job and fired shortly after, the legal concept of inducement to leave secure employment Ontario may entitle you to a significantly larger…
🚨Generally, you cannot get severance pay if you voluntarily quit your job in Ontario. However, if your employer forces you to resign by drastically changing your job duties, cutting your…
💰If your former employer owes you $50,000 or less in severance pay, you can sue them in the Ontario Small Claims Court. This legal route is generally much faster and…
💡Generally, if an employer acts cruelly, lies, or humiliates you during a termination, you may be entitled to Bad Faith Damages in Ontario. Also known historically as Wallace damages or…
❗When dealing with a Termination With Cause in Ontario, it is crucial to understand that simply being bad at your job does not give your employer the right to fire…
💡If you are fired in Ontario, you generally have a legal duty to seek comparable employment to mitigate your common law notice damages. Under the 2026 Williamson precedent, your employer…
💡In Ontario, if your employer stops scheduling you for shifts and drops your hours to zero without officially firing you, it is a legal concept called “constructive dismissal.” You do…
💡If an Ontario employer signs a contract with you but rescinds the job offer before your first day, it is a breach of contract and a form of wrongful dismissal.…
💡In Ontario, if you are fired before a fixed-term contract ends, you are usually entitled to the pay for the entire remaining balance of the contract. Employers try to avoid…
💡Being given an ultimatum to ‘quit or be fired’ is considered a forced resignation and is generally treated as a wrongful dismissal under Ontario employment law. You are not legally…
💡In Canada, your employer must issue a Record of Employment (ROE) within 5 days of your last pay period. If an Ontario employer intentionally withholds your ROE to block your…
💡In Ontario, if you are wrongfully dismissed, the Superior Court of Justice will almost never force your employer to give you your job back (reinstatement). Instead, Canadian common law focuses…
💡Being fired while on medical leave or Long-Term Disability (LTD) in Ontario is generally illegal and may violate the provincial Human Rights Code. You could be entitled to full severance…
💡Quitting your job because of a toxic work environment in Ontario can be considered constructive dismissal. If you can prove the workplace was poisoned by harassment, bullying, or discrimination, you…
💡If your Ontario employer forces you to relocate to a distant office and it drastically increases your daily commute, this may constitute constructive dismissal. You could have the right to…
💡In Ontario, common law severance pay for senior employees with 20+ years of service is generally capped at 24 months. However, exceptional circumstances-such as advanced age, highly specialized roles, or…
💡In Ontario, firing an employee because they are pregnant is a strict violation of the Human Rights Code. You may be entitled to significant common law severance pay plus distinct…
💡If you are fired while on maternity or parental leave in Ontario, the Employment Standards Act (ESA) creates a strict presumption of reprisal. The employer bears the burden to prove…
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📍 Address: 500 Dutton Dr, Waterloo, Ontario
🏢 Est: 1993
🎯 Specialization: Wrongful Dismissal, Employment Contracts, Human Rights Litigation, Constructive Dismissal, Severance Packages
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📍 Address: 95 Mural St, Richmond Hill, Ontario
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🎯 Specialization: Wrongful Dismissal, Severance Packages, Workplace Harassment, Employment Contracts
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📍 Address: 119 King St W, Kitchener, Ontario
🏢 Est: 1992
🎯 Specialization: Wrongful Dismissal, Severance Package Review, Workplace Human Rights, Employment Contracts
🗣️ Languages: English
📍 Address: 5063 N Service Rd Suite 200, Burlington, Ontario
🏢 Est: 2008
🎯 Specialization: Wrongful Dismissal, Estate Planning, Severance Package Review, Commercial Leasing
🗣️ Languages: English
📍 Address: 3513 Mainway, Burlington, Ontario
🏢 Est: 2018
🎯 Specialization: Wrongful Dismissal, Workplace Discrimination, Employment Contracts, Human Rights Litigation, Employer Compliance
🗣️ Languages: English
📍 Address: 8500 Leslie St Suite 265, Markham, Ontario
🎯 Specialization: Refugee Claims, Wrongful Dismissal, Tenant Rights, Human Rights, Notary Public
🗣️ Languages: English
📍 Address: 21 Duke St, St. Catharines, Ontario
🏢 Est: 2020
🎯 Specialization: Wrongful Dismissal, Constructive Dismissal, Workplace Harassment, Severance Packages
🗣️ Languages: English
📍 Address: 150 King St W, Toronto, Ontario
🎯 Specialization: Union Representation, Human Rights Complaints, Whistleblower Protection, Pay Equity
🗣️ Languages: English, French
📍 Address: 220 Laurier Avenue West, Ottawa, Ontario
🏢 Est: 1992
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Welcome to the Ontario Wrongful Dismissal & Severance guide centre. Here you will find comprehensive resources covering everything from calculating common law severance packages to navigating constructive dismissal claims, based on current provincial regulations.
Losing your job is one of life’s most stressful events, especially when you feel you have not been treated fairly by your employer. In Ontario, the law recognizes the significant impact of termination and provides robust protections for non-unionized employees. While employers generally have the right to terminate employment “without cause,” they are legally obligated to provide adequate notice or financial compensation in lieu of that notice, commonly known as a severance package.
The foundational rules are set out in the Employment Standards Act (ESA), which dictates the absolute minimum notice and severance pay required. However, the vast majority of workers are also entitled to much more generous compensation under Ontario common law, which looks at factors like your age, length of service, and the availability of similar jobs. A wrongful dismissal occurs simply when an employer fires you without providing this full, legally required notice or severance pay.
Employment disputes surrounding termination can be complex and emotionally charged. Our resources cover the following key areas:
If your wrongful dismissal dispute cannot be resolved through negotiation, you will likely need to file a civil lawsuit at the Ontario Superior Court of Justice. This court handles the majority of common law employment disputes across the province. For smaller severance claims under $35,000, your case will be heard efficiently at the Small Claims Court branch.
Depending on the specifics of your termination, other provincial bodies may be involved. The Ontario Ministry of Labour, Immigration, Training and Skills Development enforces the minimum standards of the ESA, though filing a claim here often waives your right to pursue a larger common law lawsuit in court. Furthermore, if your firing involved discrimination or reprisal, your matter might be directed to the Human Rights Tribunal of Ontario (HRTO).
Signing a severance offer on the spot or attempting to negotiate with a former employer’s human resources department on your own is highly risky. We strictly advise against representing yourself in complex employment disputes. Employers frequently offer severance packages that only cover the ESA minimums, hoping you will not realize you are entitled to months of additional compensation under common law precedents.
Working with an experienced employment lawyer ensures your termination clause is reviewed properly and your maximum entitlements are accurately calculated. You can find a list of relevant local lawyers and government agencies at the top of this page. A legal professional can level the playing field, communicate with your employer’s legal counsel, and fiercely advocate for the financial security you deserve during your transition.
Statutory severance refers to the strict minimums required by the Employment Standards Act (ESA), which caps out at 8 weeks of notice and potentially 26 weeks of severance pay. Common law severance is based on judicial precedents and can offer up to 24 months of pay, factoring in your age, tenure, and position.
Under the Ontario Limitations Act, you generally have two years from the date of your termination to file a civil lawsuit against your former employer for wrongful dismissal. If you miss this deadline, you will lose your right to pursue legal action.
It is very difficult for an employer to prove a “just cause” termination in Ontario. To legally deny you severance, they must demonstrate severe wilful misconduct, such as theft, fraud, or gross insubordination. Many “for cause” dismissals are actually wrongful dismissals in disguise.
Constructive dismissal occurs when an employer unilaterally makes a substantial, negative change to your employment terms—such as a massive pay cut, a demotion, or forcing you to endure a toxic work environment—leaving you with no reasonable choice but to resign. You can then seek severance as if you were fired.
In late 2021, Ontario amended the ESA to ban non-compete agreements for most employees, meaning they are generally unenforceable. However, there are strict exceptions for executives or in the context of selling a business. Non-solicitation clauses, however, remain widely enforceable.
Never sign a severance offer immediately. Employers often impose arbitrary, short deadlines to pressure you. You have the legal right to take the contract home and have it reviewed by an employment lawyer before giving up your right to sue for better compensation.