Wrongful Dismissal in Canada

If you were let go from your job in Canada and suspect it wasn’t fair or legal, you may have experienced wrongful dismissal.

Thousands of non-unionized employees across the country are fired without proper notice, severance, or justification. But wrongful dismissal doesn’t mean your employer wasn’t allowed to terminate you — it means they didn’t do it the right way.

What Is Wrongful Dismissal?

Wrongful dismissal happens when your employer terminates your employment without providing:

• Proper working notice, or
• Fair severance pay

In Canada, most non-unionized employees can be legally fired — but only if the employer follows the rules.

This includes:

• Providing full severance pay based on age, position, tenure, and other factors
• Avoiding termination in violation of human rights or while on protected leaves (e.g. maternity leave, disability)

Severance Pay vs. Termination Pay

Employers often try to minimize how much they owe by offering termination pay in Ontario based on minimum standards. But in many cases, you’re entitled to far more through common law severance — especially if you’ve worked for years or held a senior role.

Severance pay in Canada can be as much as 24 months’ pay.

What Wrongful Dismissal Is Not

You haven’t been wrongfully dismissed just because:

• You were let go without explanation (unless rights were violated)
• Your employer closed their business
• You signed a termination letter

BUT — you may still be owed significant severance, even if the termination itself was legal.

Common Signs of Wrongful Dismissal

You may have been wrongfully dismissed if:

• You were terminated without cause and offered little or no severance
• You were fired shortly after:
  • Taking medical leave
  • Going on maternity or parental leave
  • Requesting accommodation due to disability
• You were pressured to quit or retire
• You were incorrectly terminated for cause
• You were misclassified as a contractor, then let go

Can You Sue for Wrongful Dismissal?

Yes. If you’ve been wrongfully dismissed, you can pursue legal action for unpaid severance and other compensation.

At Samfiru Tumarkin LLP, our team has recovered millions of dollars for wrongfully dismissed employees across Canada.

Wrongful Dismissal FAQs

Can my employer fire me for no reason?

Yes — but they must provide proper severance and follow human rights laws.

How much severance am I entitled to?

It depends on many factors. Try our Severance Pay Calculator to estimate.

How long do I have to file a wrongful dismissal claim?

Deadlines vary by province. Find your region here.

Can I get EI if I was wrongfully dismissed?

Yes. In most cases, you can apply for EI after being let go without cause.

Speak to a Wrongful Dismissal Lawyer Today

If you’ve been wrongfully dismissed, we’re here to help. Let us review your termination and protect your rights — wherever you live in Canada.

📞 Call 1-855-821-5900 or use our free consultation form today.