Termination Without Cause in Ontario

What Does “Termination Without Cause” Mean in Ontario?

In Ontario, employers are generally allowed to terminated a non-unionized employee without cause, as long as they provide proper notice or pay in lieu of notice.

Termination without cause does not mean the employee did anything wrong. It simply means the employer chose to end the employment relationship for business or operational reasons.

Can You Be Fired Without Cause in Ontario?

Yes. Ontario employers can terminate employment without cause at almost any time, provided they:

• Do not discriminate
• Do not retaliate against an employee for asserting workplace rights
• Provide proper notice or severance pay

If any of these conditions are not met, the termination may become legally problematic.

This type of termination is different from termination for cause in Ontario, which requires a very high threshold and is relatively rare under Ontario law.

How Much Notice or Severance Are You Owed?

When you are terminated without cause, your employer must provide notice of termination or pay in lieu of notice.

Many employers rely only on Employment Standards Act (ESA) minimums, but these are often far lower than what employees are entitled to under common law.

Common law severance considers factors such as:

• Age
• Length of service
• Position
• Availability of similar employment

When a Termination Without Cause Becomes a Wrongful Dismissal

A termination without cause can become a wrongful dismissal if your employer fails to provide proper notice or severance.

The termination itself may be legal — the issue arises from how it was handled, including:

• Inadequate severance
• Improper termination term
• Bad-faith conduct during the dismissal process

If your termination was handled improperly, you may have a claim for wrongful dismissal under Ontario law.

Can You Get Fired Without Warning in Ontario?

Yes, you can get fired without warning in Ontario — as long as your employer provides proper severance pay or working notice.

Your employer does not need to give you advance notice that your job is ending. What matters under Ontario law is how much notice or compensation you receive at the time of termination.

If your employer fires you without warning and fails to provide proper severance, the termination may be handled improperly and could give rise to a wrongful dismissal claim.

Can You Be Fired Without Cause While on Leave?

In many cases, no.

Ontario law protects employees from being terminated for reasons related to:

• Sick leave or stress leave
• Pregnancy or parental leave
• Disability or accommodation request
• Other protected leaves

If your termination occurred during or shortly after protected leave, your employer may have crossed a legal line.

What Happens If You Accept a Severance Package?

If you accept a severance package and sign a release, you may give up your right to pursue additional compensation.

In some cases, accepting ESA payments through the Ministry of Labour can also limit your ability to bring a wrongful dismissal claim.

Before accepting any severance offer, it’s important to understand what you may be giving up.

Fired Without Cause? Get Legal Advice Before You Sign Anything

If you were fired without cause, speaking with an Ontario employment lawyer can help you determine:

• Whether the termination was handled properly
• Whether the severance offered is fair
• Whether your termination may amount to a wrongful dismissal

Samfiru Tumarkin LLP has helped over 50,000 non-unionized employees across Ontario recover millions of dollars in severance and compensation.

📞 Call us at 1-855-821-5900 or request a consultation online.