Losing your job can be a stressful and financially devastating experience. In Ontario, employers have the right to let non-unionized employees go for almost any reason, but they can’t do so without providing fair compensation. If your employer fires you but fails to provide the proper amount of severance pay, it is legally considered a wrongful dismissal.
If you have been fired, laid off, or forced out of your job in Brampton, the Brampton employment lawyers at Samfiru Tumarkin LLP are here to help. We have successfully represented tens of thousands of employees across Ontario, holding employers accountable and securing the maximum financial compensation our clients are legally owed.
On This Page:
- 1. What is Wrongful Dismissal in Brampton?
- 2. How Much is Severance?
- 3. What to Do if You’re Fired
- 4. Why Choose a Wrongful Dismissal Lawyer
What is a Wrongful Dismissal in Brampton?
Many employees mistakenly believe that a termination is “wrongful” only if their boss was unfair, mean, or let them go for a bad reason.
Under Ontario employment law, a wrongful dismissal simply means that an employer terminated an employee without providing the correct amount of notice or severance pay. Even if your company was restructuring or eliminating your department, they still owe you full compensation. If they pay you less than your legal entitlement, you have been wrongfully dismissed.
You likely have a wrongful dismissal claim in Brampton if your employer:
- Offers you a severance package based only on the absolute minimums set by the Employment Standards Act (ESA).
- Relies on an invalid termination clause in your employment contract to restrict your payout.
- Fails to include bonuses, commissions, or benefits in your final severance calculation.
- Claims they are firing you “for cause” to avoid paying severance, without proving severe misconduct.
- Makes significant, unwanted changes to your job duties or pay, effectively forcing you to quit (known as a Constructive Dismissal in Ontario).
How Much Severance Are You Owed?
A common myth among Brampton workers is that severance pay is strictly “one week per year of service.” This is often what employers offer, but it is rarely what the law requires.
Under Ontario common law, your true severance package is calculated by looking at your individual circumstances, including:
- Your Age
- Your Length of Service
- Your Position and Level of Responsibility
- Your Ability to Find Similar Work in the Brampton/Peel Region Job Market
- Your Total Compensation (Including base salary, bonuses, car allowances, and pensions)
When all of these factors are properly calculated by an experienced wrongful dismissal lawyer, your severance payout can equal up to 24 months of full compensation.
What to Do if You Are Fired in Brampton
Employers often try to pressure terminated employees into signing a severance offer on the spot, sometimes handing them a fake 24-hour or 48-hour deadline. Do not sign anything.
If you sign a termination release or severance package without having it reviewed, you permanently lose your right to claim the additional compensation you are owed. Protect your legal rights by following these steps:
- Take the Offer Home: You have a legal right to take your severance package home to review it. Do not let your employer pressure you into an immediate signature.
- Gather Your Documents: Collect your employment contract, termination letter, recent pay stubs, bonus information, and any relevant emails.
- Do Not File a Ministry of Labour Claim: Filing a complaint directly with the Ontario Ministry of Labour limits you to basic ESA minimums, legally preventing you from pursuing a much larger common law severance package through an employment lawyer.
- Speak to Samfiru Tumarkin LLP: Have our legal team review your offer. Remember, initial severance packages are usually just starting points for negotiation.
Why Choose Our Brampton Wrongful Dismissal Lawyers?
Taking legal action against a corporate employer requires aggressive and experienced representation. As Canada’s most positively reviewed employment law firm, Samfiru Tumarkin LLP has the resources to tilt the playing field in favour of employees in Brampton and across the GTA.
- No Upfront Fees: In most (but not all) wrongful dismissal cases, we do not get paid unless we secure a settlement for you.
- Efficient Resolutions: The vast majority of our wrongful dismissal claims are resolved quickly through strategic negotiation, keeping you out of the courtroom.
- Unmatched Authority: We are recognized as one of Canada’s Best Law Firms by The Globe and Mail and our lawyers frequently provide legal commentary for major media networks.
If you have lost your job, do not accept the legal minimums.