A wrongful dismissal lawyer in Hamilton helps non-unionized employees who were fired without receiving the notice or severance pay 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 your full entitlement. Many non-unionized employees are owed substantially more under common law.

If you have been fired in Hamilton, don’t assume your employer’s severance offer is correct. Before signing a release, have your employment contract, termination letter and complete compensation package reviewed.

⚠️ Your employer’s signing deadline is not your legal deadline. A demand that you accept a severance package within two, three or five days 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 Hamilton?

You should speak with a wrongful dismissal lawyer before signing a severance package if you have been fired and are unsure whether the offer reflects your full legal entitlement.

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 a long-service or older employee
  • You earned bonuses, commissions, benefits or other compensation
  • Your employer says your employment contract limits your severance
  • You were fired “for cause” and offered little or nothing
  • You were pressured to quit after major changes to your job

You do not need to determine whether your dismissal was wrongful before contacting a lawyer. The purpose of the review is to compare what your employer offered with what the law actually requires.

What Is Wrongful Dismissal in Hamilton?

Wrongful dismissal happens when an employer ends your employment without providing the notice or termination compensation you are legally owed.

A termination does not become wrongful simply because it was sudden, upsetting or seemed unfair. Ontario employers can usually terminate non-unionized employees without cause.

The problem arises when the employer does not properly compensate the employee.

Common wrongful dismissal issues include:

  • Offering only minimum Employment Standards Act amounts when greater common-law notice is owed
  • Relying on an unenforceable termination clause
  • Leaving bonuses, commissions or benefits out of the severance calculation
  • 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 full explanation of the law, read our guide to wrongful dismissal in Ontario.

💡 Being fired without cause is not automatically wrongful. Being fired without cause and receiving less notice or compensation than you are legally owed can be.

How Much Severance Are You Owed After a Wrongful Dismissal?

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

For many non-unionized employees, common-law reasonable notice produces a much larger entitlement. Important factors include:

  • 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.

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

Learn more about severance pay in Ontario.

What if your employer offers only the ESA minimum?

Do not assume an offer is fair simply because it satisfies Ontario’s minimum employment standards.

The ESA creates a floor. Many non-unionized employees also have greater common-law rights unless an enforceable employment contract validly limits those rights.

An offer can therefore comply with minimum standards and still leave thousands of dollars—or considerably more—unclaimed.

Can your employment contract limit severance?

Yes, but only if the termination language is legally enforceable.

Do not assume a termination clause in Ontario is valid merely because you signed the agreement. If the clauses are unenforceable, you can have much greater common-law notice rights.

That is one reason a wrongful dismissal review should include the employment contract—not just the severance letter.

How Can a Hamilton Wrongful Dismissal Lawyer Help?

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

At Samfiru Tumarkin LLP, we can:

  • Review your termination: We examine your termination letter, severance offer and the reason your employer gave for ending your job.
  • Review your contract: We determine whether a termination clause legally limits your common-law rights.
  • Calculate your 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 meet the high legal threshold required to deny severance.
  • Negotiate with your employer: We can pursue an improved package without requiring you to negotiate your own termination.
  • Pursue legal action when necessary: If the employer will not provide proper compensation, we can determine the appropriate next step.

Most employees want the same thing after a termination: to know what they are actually owed and how to resolve the matter efficiently. The process does not need to be overwhelming.

Wrongful Dismissal, Just Cause and Constructive Dismissal

Wrongful dismissal 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. Not every performance problem, workplace disagreement, mistake or act of misconduct allows an employer to terminate you without notice or compensation.

If your employer cannot establish cause, you can pursue the severance that should have been paid. Read more about termination for cause in Ontario.

⚠️ Don’t admit that your employer had cause or agree 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 if your employer never says the words “you’re fired.”

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

Examples can include a substantial pay cut, demotion, significant reduction in duties, major unwanted change in hours or a forced relocation.

If you believe your employer is pushing you out, do not resign before getting legal advice. How you respond to the change can affect your right to severance.

What Should You Do After Being Fired in Hamilton?

Keep your documents, do not sign the severance release and determine your full entitlement before responding to the employer.

After a termination:

  • Keep your termination letter and severance offer.
  • Find your employment contract. The termination clause can have a major impact on your entitlement.
  • Collect compensation records. Keep pay statements, bonus plans, commission records and benefits information.
  • Apply for EI promptly. Do not wait for your severance dispute to finish before applying.
  • Start looking for comparable work. Employees pursuing common-law damages have a duty to make reasonable efforts to mitigate their losses.
  • Have the package reviewed before signing.

How long do you have to sue for wrongful dismissal?

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

Other workplace claims can have different and sometimes much shorter deadlines. There is rarely a good reason to leave a termination unreviewed for months simply because the basic civil limitation period has not expired.

Getting advice early also makes it easier to preserve documents, assess the severance offer and avoid signing away your claim.

Why Choose Samfiru Tumarkin LLP for a Wrongful Dismissal?

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

Our employment-law team focuses on helping employees understand what their termination is actually worth and recover compensation when an employer’s offer falls short.

We assist employees in Hamilton and surrounding communities, including Ancaster, Dundas, Stoney Creek, Waterdown, Flamborough and Glanbrook.

Clear advice about your severance

We explain your rights in practical terms so you understand the difference between what your employer offered and what you can legally pursue.

Experienced negotiation

You do not have to negotiate directly with your former employer. When we represent you, we can deal with the company or its lawyers and work toward an appropriate resolution.

Employee-side representation

Our employee-side employment lawyers regularly handle disputes involving wrongful dismissal, severance, termination for cause and constructive dismissal.

Wrongful Dismissal Lawyer Hamilton: 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 package properly reflects your common-law rights and whether the employment contract limits them.

Can I negotiate my severance package?

Yes. An employer’s first severance offer does not determine your legal entitlement. Before making a counteroffer, determine what you are actually owed and what legal issues affect the value of the claim.

Can my employer fire me without warning?

Yes. An Ontario employer can usually terminate you without cause and without advance warning if it provides the notice or compensation required by law. A lack of warning does not itself make the termination wrongful; inadequate compensation can.

Do I have to sign my termination papers?

No. You do not have to sign a severance agreement or release simply because your employer gives you a deadline. Signing can permanently prevent you from seeking additional compensation.

Can wrongful dismissal cases settle without going to court?

Yes. Many wrongful dismissal disputes are resolved through negotiation without a trial. Litigation is available when necessary, but a strong legal position can often lead to a negotiated settlement.

⚠️ 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 Hamilton

Losing your job is difficult enough without wondering whether your employer paid you what you are legally owed.

If you are a non-unionized employee who has been fired in Hamilton, Samfiru Tumarkin LLP can review your termination, calculate your severance entitlement and pursue additional compensation when the employer’s offer falls short.

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

Fired in Hamilton?

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

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