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Find a Lawyer » Canada Legal Guides » Ontario Legal Guides » Work & Employment Rights Ontario » Wrongful Dismissal & Severance Ontario » Page 2
💡If you are terminated just before retirement in Ontario, common law severance can often reach up to 24 months, plus compensation for lost pension contributions. You file your civil claim…
💡Under the Ontario Employment Standards Act (ESA), 5 years of service might only guarantee you 5 weeks of pay. However, under common law, you could be entitled to 5 to…
💡For employees with 15 years of service in Ontario, common law severance frequently ranges from 12 to 18 months of total compensation. Calculating this correctly involves base salary, bonuses, and…
👷Under Ontario employment law, seasonal workers and temporary staff who are repeatedly hired year after year may be legally recognized as continuous, permanent employees. If you are not recalled to…
💡In Ontario, the Canada Revenue Agency (CRA) treats severance pay as a “retiring allowance,” which is subject to an immediate withholding tax. The tax rate is 10% on amounts up…
🔒When signing a Full and Final Release in Ontario for enhanced severance, you will almost certainly encounter a Non-Disclosure Agreement (NDA). While you must keep the settlement amount confidential, standard…
💡Under Ontario employment law, your severance package must generally include the value of your car allowance or the personal use of a company vehicle during your reasonable notice period. If…
💡Under Ontario common law, if you are fired early from a fixed-term contract without a valid early termination clause, you may be entitled to the entire remaining balance of your…
💡In Ontario, if you are fired without cause, courts generally do not require you to repay a hiring bonus. Employers can typically only enforce a signing bonus clawback clause if…
💡In Ontario, dependent contractors are generally entitled to reasonable notice or severance pay under common law. If you earn the majority of your income from a single company, courts may…
🚨True independent contractors are not covered by the Employment Standards Act for severance, but they can still sue for breach of contract if dismissed without proper notice. Furthermore, many freelancers…
💰Older workers (age 60 and above) in Ontario face a tougher job market, meaning courts often award them maximum severance packages. Based on the Bardal factors, long-serving senior employees could…
💡In Ontario, the Employment Standards Act (ESA) does not require employers to pay severance if you are fired within the first 3 months. However, under Common Law, you may still…
💰In Ontario, courts recognize that short-term employees face disproportionate difficulty finding new work. Even if you worked for less than 6 months, you may be entitled to 2 to 4…
⚠️No, an employer in Ontario cannot withhold your minimum statutory severance pay under the Employment Standards Act (ESA) to force you to sign a non-compete. Furthermore, the Working for Workers…
💡In Ontario, employers frequently use a Performance Improvement Plan (PIP) to build a fake paper trail to fire you “for cause” and avoid paying severance. If you are terminated for…
💡Under the Ontario Limitations Act, you generally have exactly two years from the date of your termination to file a claim for wrongful dismissal. You must issue a Statement of…
💡In Ontario, resolving a wrongful dismissal case can vary greatly. A basic demand letter may yield a settlement in 2 to 4 weeks. However, if formal mediation is required, expect…
💡In Ontario, if you are wrongfully dismissed, your employer is generally required to continue their matching RRSP or pension contributions throughout your common law reasonable notice period. Losing these company…
💡While outplacement services can provide valuable resume and interview coaching, many Ontario employees successfully negotiate to have the cash value of these services (typically $2,000 to $10,000 CAD) added directly…
💡In Ontario, wrongful dismissal lawyers typically charge either a contingency fee (taking 25% to 35% of your final settlement) or an hourly rate ranging from $250 to $800 CAD. In…
🎯 Specialization: Union Avoidance, Collective Bargaining, Human Rights Defence, Wrongful Dismissal, Employment Contracts
🗣️ Languages: English
📍 Address: 500 Queens Quay W #109W, Toronto, Ontario
🏢 Est: 2015
🎯 Specialization: Wrongful Dismissal, Human Rights Disputes, Defamation Litigation, Long-Term Disability
🗣️ Languages: English, French
📍 Address: 90 Burnhamthorpe Rd W #1400, Mississauga, Ontario
🎯 Specialization: Labour Relations, Human Rights Defense, Workplace Safety, Pension and Benefits
🗣️ Languages: English
📍 Address: 148 Fullarton St, London, Ontario
🏢 Est: 1972
🎯 Specialization: Workplace Investigations, Sexual Harassment, HR Training, Diversity and Inclusion
🗣️ Languages: English
📍 Address: 181 University Ave, Suite 2200, Toronto, Ontario
🎯 Specialization: Family Law, Wrongful Dismissal, Civil Litigation
🗣️ Languages: English, Portuguese, American Sign Language
📍 Address: 190 Cundles Rd E, Barrie, Ontario
🎯 Specialization: Labour Law, Wrongful Dismissal, Human Rights, Civil Litigation
🗣️ Languages: English
📍 Address: 585 Talbot St, London, Ontario
✨ Free Consultation
🎯 Specialization: Civil Litigation, Wrongful Dismissal, Insurance Disputes, Commercial Litigation
🗣️ Languages: English, Russian
📍 Address: 1 Hunter St E, Hamilton, Ontario
🎯 Specialization: Residential Real Estate, Wrongful Dismissal, Corporate Litigation, Family Mediation
🗣️ Languages: English
📍 Address: 184 Queen St W, Brampton, Ontario
🏢 Est: 2003
🎯 Specialization: Wrongful Dismissal, Civil Litigation, Employment Law, Travelling Notary Services, Commercial Disputes
🗣️ Languages: English
📍 Address: 233 Speers Rd Suite 16, Oakville, Ontario
🏢 Est: 2014
✨ Free Consultation
🎯 Specialization: Workplace Investigations, Wrongful Dismissal, Bilingual Legal Services, Constructive Dismissal
🗣️ Languages: English, French
📍 Address: 100 King St W, Toronto, Ontario
🏢 Est: 2019
⚙️ Services: Complaint Review, Systemic Investigations, Taxpayer Rights, Public Outreach
📍 171 Slater St #1000, Ottawa, Ontario
📅 Appt. Recommended
⚙️ Services: Social Assistance Application, Discretionary Benefits
📍 99 Regina St S, Waterloo, Ontario
⚙️ Services: Death Certificates, Cremation Certificates, Out-of-Province Body Shipment
📍 366 King St E, Kingston, Ontario
⚙️ Services: Cremation Certificates, Coroner's Reports, Out-of-Province Body Shipment
📍 235 N Centre Rd, London, Ontario
⚙️ Services: Tribunal Decisions, Procurement Review Determinations
📍 333 Laurier Ave W, Ottawa, Ontario
🚶 Walk-ins Welcome
⚙️ Services: Tribunal Orders, Eviction Orders
📍 199 Larch St, Greater Sudbury, Ontario
⚙️ Services: Registry Services, Adjudication
📍 427 Laurier Ave W, Ottawa, Ontario
🚶 Walk-ins Welcome
⚙️ Services: Food Handler Certification, Septic System Permits
📍 355 Wellington St, London, Ontario
⚙️ Services: Tribunal Orders, Case Filings
📍 90 Sparks St., Ottawa, Ontario
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.