A wrongful dismissal lawyer in Etobicoke helps non-unionized employees who were fired without receiving the notice or termination compensation they are legally owed.
In Ontario, an 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 employees are owed substantially more under common law.
If you have been fired in Etobicoke, don’t assume your employer’s severance offer is correct. Before signing a release, have your employment contract, termination letter and compensation package reviewed.
On This Page:
- 1. When to Call a Wrongful Dismissal Lawyer
- 2. What Is Wrongful Dismissal?
- 3. How Much Severance Are You Owed?
- 4. How Our Lawyers Can Help
- 5. Cause and Constructive Dismissal
- 6. What to Do After Being Fired
- 7. Why Choose Samfiru Tumarkin LLP?
When Should You Call a Wrongful Dismissal Lawyer in Etobicoke?
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 the Employment Standards Act is all you are owed
- 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 nothing
- Your employer made major changes to your job and pressured you to quit
You don’t need to know whether your dismissal was wrongful before contacting a lawyer. The purpose of the review is to compare what the employer offered with what you are actually entitled to receive.
What Is Wrongful Dismissal in Etobicoke?
Wrongful dismissal happens when your employer ends your employment without providing the notice or termination compensation you are legally owed.
A firing is not automatically wrongful because it was unexpected, upsetting or seemed unfair. Ontario employers can usually terminate a non-unionized employee without cause.
The issue is often whether the employee received enough compensation when the job ended.
A wrongful dismissal can happen when an employer:
- Offers only minimum statutory amounts when greater common-law notice is owed
- Relies on an unenforceable termination clause
- Leaves bonuses, commissions or benefits out of the package
- Improperly alleges just cause to avoid paying severance
- Claims an employee resigned when the employer actually forced the employment relationship to end
For a full explanation of the legal test, read our guide to wrongful dismissal in Ontario.
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.
Many non-unionized employees have greater rights under common law. 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
- Your employment contract
- Your complete 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 base 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 a severance package is fair simply because it meets Ontario’s minimum employment standards.
The ESA creates minimum rights. Many non-unionized employees are also entitled to greater common-law notice unless an enforceable employment contract validly limits those rights.
An offer can therefore meet the statutory minimum and still leave a substantial amount of compensation unpaid.
Can your employment contract reduce your severance?
Yes, but only if the termination language in your employment contract is legally enforceable.
Do not assume the clause is valid simply because you signed it. If the termination provision is unenforceable, you can have much greater common-law rights.
See more information about Ontario Enforceable Termination Clauses.
How Can an Etobicoke Wrongful Dismissal Lawyer Help?
A wrongful dismissal lawyer can calculate your entitlement, identify problems with your severance offer and pursue additional compensation on your behalf.
Samfiru Tumarkin LLP can:
- Review your termination package: We compare the employer’s offer with your legal entitlement.
- Review your employment contract: We determine whether the employer can legally rely on the termination clause.
- Calculate your compensation: We assess salary, bonuses, commissions, benefits and other compensation that can form part of your claim.
- Challenge cause allegations: We determine whether the employer can meet the high legal threshold required to deny severance.
- Negotiate for you: We can deal directly with your former employer or its lawyers and pursue an improved package.
- Pursue legal action when necessary: If the matter cannot be resolved fairly, we can determine the appropriate next step.
The process doesn’t need to be overwhelming. The first step is determining whether the package you received is actually right.
Wrongful Dismissal, Just Cause and Constructive Dismissal
A wrongful dismissal claim can arise from an inadequate severance offer, an improper cause allegation or a constructive dismissal.
What if you were fired for cause?
Being told you were fired “for cause” does not make the allegation legally valid.
Just cause is a serious legal finding because the employer is attempting to terminate you without the notice or compensation that would normally be owed.
Not every mistake, disagreement, performance problem or act of misconduct meets that standard. If the employer cannot establish cause, you can pursue the compensation you should have received.
Read more about termination with cause in Ontario.
What if you were pushed to quit?
You can have a dismissal claim even if your employer never formally says that you are fired.
A substantial unilateral change to your employment can amount to constructive dismissal in Ontario.
Examples can include a major pay cut, demotion, significant reduction in responsibilities, substantial reduction in hours or forced relocation.
Don’t resign before getting legal advice. If the change amounts to constructive dismissal, you can have severance rights, but how you respond to the change matters.
What Should You Do After Being Fired in Etobicoke?
Keep your documents, don’t sign the release and determine your full entitlement before accepting the employer’s offer.
After losing your job:
- Keep your termination letter and severance package.
- Find your employment contract. Its termination language can significantly affect your rights.
- Collect compensation records. Keep information about salary, bonuses, commissions and benefits.
- Apply for EI promptly. You don’t need to wait for a severance dispute to finish.
- Start looking for comparable work. Employees seeking common-law wrongful dismissal damages have a duty to make reasonable efforts to mitigate their losses.
- Have the severance 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 employment claims can have different and sometimes shorter deadlines. Getting advice early also helps you preserve evidence, understand the offer and avoid signing away your rights.
Why Choose Samfiru Tumarkin LLP for a Wrongful Dismissal?
Samfiru Tumarkin LLP’s Toronto employment-law team represents non-unionized employees in Etobicoke and throughout the GTA in wrongful dismissal and severance disputes.
Our lawyers regularly handle terminations, severance negotiations, employment-contract disputes, cause allegations and constructive dismissals for employees at all levels.
Clear advice about what you are owed
We explain your rights in practical language and identify the difference between your employer’s offer and the compensation you can legally pursue.
Negotiation handled for you
You don’t have to negotiate your own termination. When we represent you, we can communicate directly with your former employer or its lawyers.
Experience representing employees
Our employment-law team assists hourly and salaried employees, managers, professionals and senior executives with termination and severance disputes.
For other workplace issues in Etobicoke, our Toronto employment lawyers assist employees throughout Toronto, including Etobicoke.
Wrongful Dismissal Lawyer Etobicoke: 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 know your full entitlement before signing a severance release. A lawyer can determine whether the 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 rights 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 a severance package?
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.
Do wrongful dismissal cases usually go to court?
No. Many wrongful dismissal disputes are resolved through negotiation without a trial. Court proceedings remain available when a reasonable settlement cannot be reached.
Speak With a Wrongful Dismissal Lawyer in Etobicoke
If you were fired in Etobicoke, don’t measure your rights by the number written in your employer’s severance offer.
Samfiru Tumarkin LLP can review your termination, determine your full entitlement and pursue additional compensation when the employer’s package falls short.
Before you sign anything, find out what your employment is actually worth.