A wrongful dismissal lawyer in Windsor helps non-unionized employees who were 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 required by 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 Windsor, don’t assume your employer’s severance offer is correct. Have your employment contract, termination letter and 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 Windsor?

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 employment 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 decide for yourself whether the dismissal was wrongful. The purpose of the review is to determine what you were actually owed and compare it with what the employer provided.

What Is Wrongful Dismissal in Windsor?

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

A termination is not automatically wrongful because it was sudden, unfair or happened without warning. Ontario employers can usually terminate non-unionized employees without cause.

The key question is whether the employer properly compensated you when your job ended.

Common wrongful dismissal problems 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 severance
  • Treating an employee as having resigned when the employer actually forced the employment relationship to end

For a complete explanation of the legal rules, 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 Ontario’s employment-standards minimums are not necessarily your full entitlement.

Many non-unionized employees have greater common-law rights. Your full entitlement can depend on factors including:

  • Your age
  • Your length of service
  • Your position and level of responsibility
  • 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 package can also include more than base salary. Bonuses, commissions, benefits and other compensation can form part of your entitlement 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 satisfies Ontario’s minimum employment standards.

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

An offer can therefore satisfy the ESA and still leave a substantial amount of compensation unpaid.

Can your employment contract limit your severance?

Yes, but only if the termination language in your employment contract is legally enforceable.

Do not assume a termination clause is valid just because you signed it. If the clause does not legally limit your common-law rights, you can be entitled to significantly more compensation.

See more information about Ontario Enforceable Termination Clauses.

How Can a Windsor 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 a termination clause properly limits your common-law rights.
  • Calculate your full compensation: We assess salary, bonuses, commissions, benefits and other compensation that can form part of your claim.
  • Challenge improper cause allegations: We determine whether the employer can actually establish the serious misconduct required to deny severance.
  • Negotiate for you: We can deal directly with your former employer or its lawyers and pursue an improved package.
  • Pursue a claim when necessary: If a fair settlement is not available, we can advise you about the appropriate legal next step.

The process doesn’t need to be overwhelming. The first step is simply finding out whether the package you received 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 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 performance problem, mistake, disagreement or act of misconduct meets that threshold. If your employer cannot establish cause, you can pursue the severance 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 is trying to make you 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 another fundamental change to your job.

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 can affect your claim.

What Should You Do After Being Fired in Windsor?

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. Its termination provisions can significantly affect what you are owed.
  • Collect compensation records. Keep documents relating to salary, bonuses, commissions and benefits.
  • Apply for EI promptly. You don’t have to wait for a severance dispute to be resolved.
  • Start looking for comparable work. Employees seeking common-law wrongful dismissal damages are expected to make reasonable efforts to mitigate their losses.
  • Have your 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. Getting advice early helps you preserve evidence, assess the employer’s offer and avoid signing away your rights.

Why Choose Samfiru Tumarkin LLP for a Wrongful Dismissal?

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

Our employment-law team regularly handles terminations, severance negotiations, employment-contract disputes, cause allegations and constructive dismissals.

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

Clear advice about your severance

We explain the difference between your employer’s offer and your actual legal entitlement in practical language.

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.

Employee-side experience

Our employment lawyers for Windsor help hourly and salaried employees, professionals, managers and executives with termination and severance disputes.

If your dismissal also involves discrimination because of disability, age, race, sex or another protected characteristic, our workplace discrimination lawyers in Windsor can assess the human rights issues alongside your termination claim.

Wrongful Dismissal Lawyer Windsor: 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 severance 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 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 pursuing additional compensation later.

Do wrongful dismissal cases have to 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.

⚠️ Unionized? You need to challenge a 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 Windsor

If you were fired in Windsor, don’t assume the amount in your termination letter represents everything you are owed.

Samfiru Tumarkin LLP can review your termination, calculate your full entitlement and pursue additional compensation when the employer’s severance package falls short.

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

Fired in Windsor?

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

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