Losing your job is overwhelming, but if your employer fired you without providing proper severance pay, you do not have to walk away empty-handed. In Ontario, employers can legally let you go for almost any reason, but they must provide you with fair compensation. When they fail to do so, it is known as a wrongful dismissal.
If you have been fired, laid off, or forced to resign in Mississauga or the Peel Region, the Mississauga employment lawyers at Samfiru Tumarkin LLP can help. We have successfully represented tens of thousands of non-unionized employees across Ontario, holding employers accountable and securing the full financial compensation our clients are legally owed.
On This Page:
- 1. What is Wrongful Dismissal in Mississauga?
- 2. How Much is Severance?
- 3. What to Do if You’re Fired
- 4. Why Choose a Wrongful Dismissal Lawyer
What is Considered a Wrongful Dismissal in Mississauga?
A common misconception is that a termination is “wrongful” because the employer was unfair, discriminatory, or did not have a good reason to let you go.
Under Ontario employment law, a wrongful dismissal happens when an employer terminates a non-unionized employee without providing the correct amount of notice or severance pay. It does not matter if you were fired “without cause” or if your company was restructuring—if you were not paid what you are fully entitled to under common law, you have been wrongfully dismissed.
Your dismissal may be wrongful if your employer:
- Offers you only the absolute minimums required by the Employment Standards Act (ESA).
- Relies on an outdated or legally unenforceable employment contract to limit your payout.
- Excludes your bonuses, commissions, or benefits from your severance calculation.
- Alleges they fired you “for cause” (serious misconduct) but cannot prove it to the high legal standard required.
- Unilaterally cuts your pay or demotes you, forcing you to quit (known as a Constructive Dismissal in Ontario).
How Much Severance Are You Owed?
When companies in Mississauga let employees go, they frequently offer severance packages that are tens of thousands of dollars less than what the employee is actually legally owed.
Do not assume you are only entitled to “a week or two of pay per year of service.” That is a myth. Under Ontario common law, your true severance package is calculated based on several critical factors, including:
- Your Age
- Your Length of Service
- Your Position and Level of Responsibility
- Your Ability to Find Similar Work in the Mississauga/GTA Market
- Your Total Compensation (Salary, bonuses, vehicle allowances, pensions, etc.)
When 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 Mississauga
Employers will often pressure you to sign a severance offer immediately, sometimes imposing fake 24- or 48-hour deadlines. Do not sign anything.
If you sign a termination release, you permanently forfeit your right to claim additional compensation. To protect your rights, follow these steps:
- Take Your Documents Home: You have the legal right to take your severance offer home to review it. Your employer can’t force you to sign on the spot.
- Gather Evidence: Collect your employment contract, your termination letter, recent pay stubs, bonus plans, and any relevant emails or performance reviews.
- Do Not Go to the Ministry of Labour: Filing a claim with the Ontario Ministry of Labour limits you to basic ESA minimums, legally blocking you from pursuing a much larger common law severance package through an employment lawyer.
- Contact Samfiru Tumarkin LLP: Have our Mississauga legal team review your offer before you agree to anything. Severance packages are almost always negotiable.
Why Choose Our Mississauga Wrongful Dismissal Lawyers?
Taking on an employer requires determined, experienced legal representation. As Mississauga’s most positively reviewed employment law firm, Samfiru Tumarkin LLP has the resources and the track record to tilt the playing field in your favour.
- No Upfront Fees: In many (but not all) wrongful dismissal cases, we do not get paid until we secure your settlement.
- Efficient Resolutions: The vast majority of our wrongful dismissal claims in Mississauga are resolved quickly through strategic negotiation, without our clients ever having to step inside a courtroom.
- Recognized Authority: We are consistently recognized as one of Canada’s Best Law Firms by The Globe and Mail and frequently provide legal expertise to major media outlets across the GTA.
If you have been let go and offered a severance package, do not leave your money on the table.