A wrongful dismissal lawyer in Burlington helps non-unionized employees who have been fired without receiving the notice or termination compensation they are legally owed.

An Ontario employer can usually terminate you without cause, but it must provide proper notice or compensation. The minimum amounts under the Employment Standards Act are not necessarily your full entitlement. Many non-unionized employees are owed substantially more under common law.

If you have been fired in Burlington, don’t assume your employer calculated your severance correctly. Have your employment contract, termination letter and complete compensation package reviewed before signing a release.

⚠️ Your employer’s signing deadline is not your legal deadline. Being given two, three or five days to accept a severance package does not erase your rights. Once you sign a release, however, you usually can’t go back for more.

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When Should You Call a Wrongful Dismissal Lawyer in Burlington?

You should speak with a wrongful dismissal lawyer before signing a severance package if you are unsure whether your employer has offered everything you are legally owed.

A legal review is especially important if:

  • Your employer offered only a few weeks of pay
  • You were told that Employment Standards Act minimums are your full entitlement
  • You are an older or long-service employee
  • You earned bonuses, commissions, benefits or other compensation
  • Your employer is relying on a termination clause in your contract
  • You were fired “for cause” and received little or no compensation
  • You were pressured to quit after serious changes to your job

You don’t have to know whether your dismissal was wrongful before contacting a lawyer. The point of the review is to determine what you were legally owed and compare it with what the employer actually provided.

What Is Wrongful Dismissal in Burlington?

Wrongful dismissal happens when your employer ends your employment without giving you the notice or termination compensation you are legally entitled to receive.

A dismissal is not automatically wrongful because it was unexpected or unfair. Ontario employers can usually terminate a non-unionized employee without cause.

The legal problem is often the amount of compensation paid when the job ends.

Common wrongful dismissal issues include:

  • Offering only minimum statutory amounts when greater common-law notice is owed
  • Relying on an unenforceable termination clause
  • Leaving bonuses, commissions or benefits out of the severance package
  • Improperly alleging just cause to avoid paying compensation
  • Treating an employee as having resigned when the employer actually forced the employment relationship to end

For a deeper explanation of the law, read our guide to wrongful dismissal in Ontario.

💡 Being fired without cause is not automatically wrongful. The dismissal can become wrongful when your employer fails to provide the notice or compensation you are legally owed.

How Much Severance Are You Owed After a Wrongful Dismissal?

Your severance is not automatically one week per year of service, and the Employment Standards Act minimum is not necessarily your full entitlement.

For many non-unionized employees, common-law reasonable notice provides substantially more compensation.

The amount you are owed can depend on factors including:

  • Your age
  • Your length of service
  • Your position and responsibilities
  • The availability of similar employment
  • The wording of your employment contract
  • Your full compensation package

Depending on factors such as age, position, length of service and the availability of similar employment, severance can reach 24 months’ pay.

Your entitlement can also include more than salary. Bonuses, commissions, benefits and other compensation can form part of the notice period depending on your employment terms.

Learn more about severance pay in Ontario.

What if your employer offers only the ESA minimum?

Don’t assume an offer is fair simply because it meets Ontario’s minimum employment standards.

The Employment Standards Act establishes minimum rights. Many non-unionized employees have greater common-law rights unless an enforceable employment contract validly limits them.

A package can therefore meet the statutory minimum and still be thousands of dollars below what you are actually owed.

Can your employment contract limit severance?

Yes, but only if the termination provisions in your contract are legally enforceable.

Do not assume an Ontario termination clause is valid simply because you signed it. If the clause is unenforceable, your common-law severance entitlement can be much greater.

How Can a Burlington Wrongful Dismissal Lawyer Help?

A wrongful dismissal lawyer can calculate your entitlement, identify problems with the employer’s offer and pursue additional compensation on your behalf.

Samfiru Tumarkin LLP can:

  • Review your termination package: We compare what the employer offered with your legal entitlement.
  • Review your employment contract: We determine whether the employer can legally rely on its termination clause.
  • Calculate your full compensation: We assess salary, bonuses, commissions, benefits and other amounts that can form part of your claim.
  • Challenge cause allegations: We determine whether the employer can actually establish the serious misconduct required to deny compensation.
  • Negotiate for you: We can deal directly with your employer or its lawyers and pursue an improved package.
  • Take further legal action where necessary: If a reasonable resolution is not available, we can determine the appropriate next step.

The process doesn’t need to be overwhelming. The first step is simply determining whether the severance package is right.

Wrongful Dismissal, Just Cause and Constructive Dismissal

A wrongful dismissal claim can arise from an inadequate severance package, an improper cause allegation or a constructive dismissal.

What if you were fired for cause?

Being told you were fired “for cause” does not mean your employer has legally established cause.

Just cause is a serious finding because the employer is trying to end your employment without the notice or compensation that would normally be owed.

Not every performance problem, mistake, disagreement or act of misconduct meets that threshold. If the employer cannot establish cause, you can pursue the compensation you should have received.

Learn more about termination with cause in Ontario.

⚠️ Don’t agree that you were fired for cause or that you are owed nothing before the allegations have been reviewed.

What if your employer never formally fired you?

You can have a dismissal claim even when your employer never says that you are fired.

A major unilateral change to your job can amount to constructive dismissal in Ontario.

Examples can include a substantial pay cut, demotion, significant loss of responsibilities, major reduction in hours or another fundamental change to your employment.

Don’t resign before getting legal advice. If the change amounts to constructive dismissal, you can have severance rights—but how you respond can affect your claim.

What Should You Do After Being Fired in Burlington?

Keep your documents, don’t sign the release and determine your full legal entitlement before accepting the employer’s offer.

After losing your job:

  • Keep your termination letter and severance package.
  • Find your employment contract. It can significantly affect the amount you are owed.
  • Collect compensation records. Keep information about salary, bonuses, commissions and benefits.
  • Apply for EI promptly. You do not need to wait until a severance dispute is resolved.
  • Make reasonable efforts to find comparable work. Employees pursuing common-law damages have a duty to mitigate their losses.
  • Get the package reviewed before signing.

How long do you have to make a wrongful dismissal claim?

A civil wrongful dismissal claim in Ontario is generally subject to a two-year basic limitation period.

Other workplace claims can have different deadlines, so it is better to have a termination reviewed promptly rather than assume every possible claim has two years.

Why Choose Samfiru Tumarkin LLP for a Wrongful Dismissal?

Samfiru Tumarkin LLP represents non-unionized employees in wrongful dismissal and severance disputes throughout Burlington and across Ontario.

Our employment lawyers regularly deal with terminations, severance negotiations, employment contracts, cause allegations and constructive dismissal claims.

Our goal is straightforward: explain your rights clearly, determine what your termination is worth and pursue the compensation you are owed.

Clear severance advice

We explain the difference between your employer’s offer and your actual legal entitlement without unnecessary legal jargon.

Negotiation handled for you

You do not have to negotiate your own termination. When we represent you, we can communicate directly with your former employer or its lawyers.

Employee-side experience

Our employment-law team represents employees at all levels, including hourly workers, salaried employees, managers and executives.

Wrongful Dismissal Lawyer Burlington: Frequently Asked Questions

Do I need a lawyer if I was fired without cause?

You are not required to hire a lawyer, but you should determine your full entitlement before signing a severance release. A lawyer can assess whether your employer’s offer properly reflects your common-law rights.

Can I negotiate my severance package?

Yes. Your employer’s first offer does not determine your legal entitlement. Before making a counteroffer, calculate what you are actually owed and understand the terms you are being asked to release.

Can my employer fire me without warning?

Yes. An Ontario employer can usually terminate a non-unionized employee without cause and without advance warning if it provides proper notice or compensation instead.

Do I have to sign my termination papers?

No. You don’t have to sign a severance agreement or release simply because your employer gives you a deadline. Signing can prevent you from seeking additional compensation later.

Can a wrongful dismissal claim settle without court?

Yes. Many wrongful dismissal disputes are resolved through negotiation without going to trial. Court proceedings remain available when a reasonable settlement cannot be reached.

⚠️ Unionized? You need to challenge your termination through your union and the grievance process. Our employment law team can’t assist with unionized workplace disputes.

Speak With a Wrongful Dismissal Lawyer in Burlington

If you were fired in Burlington, the most important question is not whether the employer calls its offer a “severance package.” It is whether the amount actually reflects your legal entitlement.

Samfiru Tumarkin LLP helps non-unionized employees determine what they are owed and pursue additional compensation when an employer’s offer falls short.

Before you sign anything, find out what your employment is actually worth.

Fired in Burlington?

Don’t sign away your rights. Find out how much severance you are actually owed.

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