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Find a Lawyer » Canada Legal Guides » Ontario Legal Guides » Work & Employment Rights Ontario » Wrongful Dismissal & Severance Ontario » Page 8
💡In Ontario, termination pay is given to almost all employees fired without cause, maxing out at 8 weeks. Statutory severance pay is an additional benefit of up to 26 weeks,…
💡In Ontario, if your work visa (such as a PGWP) completely expires and you have no legal status to work in Canada, your employment contract is generally considered “frustrated.” This…
💡If you live in another province but work remotely for an Ontario company, the employment laws of the province where you physically perform the work generally apply to you. However,…
💡In Ontario, it is illegal for an employer to fire you simply because you asked for your unpaid commissions or wages. This is known as a “reprisal.” If you are…
📈In Ontario, the law presumes that your Restricted Stock Units (RSUs) and stock options will continue to vest during your entire common law notice period. Unless your employment contract and…
💡In Ontario, you do not always have to quit immediately if your employer forces a pay cut or demotion on you. You can continue working to maintain your income while…
💡In Ontario, if management intentionally abuses you prior to a wrongful dismissal, you may be entitled to extra financial compensation under the legal claim of Intentional Infliction of Mental Suffering…
💡Under Section 45.2 of the Ontario Human Rights Code, you can sue your employer for discrimination directly in the Superior Court of Justice if it is linked to a wrongful…
💡In Ontario, demoting a senior employee by stripping away their private office, title, or reporting structure can be a humiliating loss of prestige. Even if your salary stays exactly the…
💡In Ontario, if your former employer maliciously spreads false information about your termination to clients, colleagues, or future employers, you can sue for defamation alongside wrongful dismissal. Successful claims at…
💡In Ontario, non-solicitation clauses can severely restrict your ability to find comparable work after being fired. Because these clauses make job hunting much harder, judges at the Superior Court of…
💡If you are resigning due to a toxic workplace, harassment, or a drastic change in your duties, writing a polite “thank you for the opportunity” resignation letter can severely damage…
💡In Ontario, if your employer fires you in a cruel, humiliating, or bad-faith manner-such as loudly escorting you out with security or lying about your conduct-you may be entitled to…
💡If your Ontario employer repeatedly refuses to reimburse significant out-of-pocket work expenses, it may be a fundamental breach of your employment contract. You could be entitled to resign and claim…
💡In Ontario, you can legally avoid massive upfront withholding taxes on your severance pay by arranging for a direct rollover into your RRSP. By classifying your severance as a “retiring…
💼The safest and most cost-effective way to terminate an underperforming manager in Ontario is to fire them “without cause.” Instead of trying to prove a legally difficult “just cause” case…
💬In Ontario, venting about your boss or management to coworkers rarely meets the strict legal standard for a “just cause” termination. Unless your comments were deeply public, discriminatory, or caused…
💡In Ontario, charities and non-profit organizations are legally required to pay the exact same common law severance as for-profit corporations. There is no ‘charity discount’ for wrongful dismissal. Claims are…
💡In Ontario, if you are a unionized employee, you generally cannot sue your employer for wrongful dismissal in civil court or hire a private lawyer to fight for your severance.…
💡In Ontario, an employer cannot legally withhold your minimum severance pay or final paycheque just because you refuse to answer questions, return calls, or provide passwords after being fired. However,…
💡In Ontario, picking up a temporary side job or freelancing during your paid vacation generally does not give your employer just cause to fire you. Unless you are actively working…
🎯 Specialization: Wrongful Dismissal, Estate Planning, Severance Package Review, Commercial Leasing
🗣️ Languages: English
📍 Address: 3513 Mainway, Burlington, Ontario
🏢 Est: 2018
🎯 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: Child Protection Defence, Social Benefits Appeals, Dog Bite Injury, Wrongful Dismissal
🗣️ Languages: English
📍 Address: 1915 Baseline Road, Ottawa, Ontario
🏢 Est: 2010
✨ Free Consultation
🎯 Specialization: Employment Law, Wrongful Dismissal, Criminal Defence, Civil Litigation, Workplace Human Rights
🗣️ Languages: English
📍 Address: 2557 Dougall Ave, Windsor, Ontario
🎯 Specialization: Wrongful Dismissal, Workplace Harassment, Long Term Disability, Professional Discipline, Union Grievances
🗣️ Languages: English
📍 Address: 400 Applewood Crescent Suite 100, Vaughan, Ontario
🏢 Est: 2013
🎯 Specialization: Wrongful Dismissal, Human Rights Violations, Severance Package Review
🗣️ Languages: English, Hindi, Punjabi, Urdu
📍 Address: 2680 Matheson Blvd E #102, Mississauga, Ontario
🎯 Specialization: Construction Liens, Wrongful Dismissal, Shareholder Disputes
🗣️ Languages: English
📍 Address: 65 Queen St W, Toronto, Ontario
🎯 Specialization: Wrongful Dismissal, Severance Agreements, Labour Relations, Human Rights, Residential Real Estate
🗣️ Languages: English
📍 Address: 84 Worsley St, Barrie, Ontario
🏢 Est: 1990
🎯 Specialization: Management Labour Law, Employment Litigation, Workplace Investigations, Human Rights Defense, Policy Development
🗣️ Languages: English
📍 Address: 291 King St, London, Ontario
🎯 Specialization: Professional Regulation, Nurse Defence, College Complaints, Health Law
🗣️ Languages: English
📍 Address: 42 Carden St, Guelph, Ontario
🏢 Est: 2011
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📍 25 Grosvenor St, Toronto, 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.