Wrongful Dismissal in Ontario

What is wrongful dismissal in Ontario?

A wrongful dismissal in Ontario occurs when an employer terminates a non-unionized employee without providing them with advance notice of termination or appropriate severance pay. Many employers often provide no severance or only comply with the province’s legislation under the Employment Standards Act (ESA), which covers minimum amounts, but ignore the fact that a full severance package – as much as 24 months’ pay – must be provided. Consulting an Ontario wrongful dismissal lawyer at Samfiru Tumarkin LLP can be crucial to ensure that you receive fair compensation.

An employer in Ontario is permitted by law to fire an employee without cause for various reasons, but only if they provide severance pay or termination pay. The term ‘wrongful dismissal’ does not mean that an employer’s reason for firing an employee was wrong or broke any laws. As long as the employer provides the employee with the proper amount of compensation in Ontario, the termination is not considered a wrongful dismissal. The term should also not be confused with ‘unjust dismissal‘.

Watch the video below from the Employment Law Show and read on to learn more about wrongful dismissal.

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What types of wrongful dismissal are there?

Generally speaking, there are three types of wrongful dismissal claims:

• When a company fires an employee without cause or warning and doesn’t provide enough or any compensation
• When an employer incorrectly fires an employee for cause and doesn’t give them a severance package
• When an employer makes drastic and unwanted changes to an employee’s job, thereby “constructively” dismissing the individual and failing to give them proper compensation.

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How do I know if I’ve been wrongfully dismissed?

You will know that you have been wrongfully dismissed if you lose your job in Ontario without getting the right amount of severance pay. The quickest way to find out if you have been wrongfully dismissed is by talking to an employment lawyer at Samfiru Tumarkin LLP. We can review all aspects of your unique situation to determine if you received enough severance pay from your employer – and what the correct amount should be. It is then our job, once hired, to secure a full severance package to ensure that you are financially protected between jobs.

We created the Pocket Employment Lawyer to give Canadians a quick understanding of what their employment rights are in various work-related situations, including terminations. Contained within this interactive tool is the Severance Pay Calculator. This calculator provides the range of severance pay that someone working in Ontario is entitled to when they lose their job.

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Calculating severance pay for a wrongful dismissal

Severance pay is provided to a non-unionized employee working in Ontario if the employer decides that they no longer want to employ the individual, and would prefer to end their employment immediately or as soon as possible. In legal circles, severance is referred to as reasonable notice, notice, or pay in lieu of notice. A severance package is designed to provide someone with financial support between jobs, which can be difficult depending on the person’s age, experience, previous position, and the industry they work in.

A variety of factors must be considered when calculating the proper severance, or compensation, that an employee should receive. Factors include:

• salary;
• age;
• length of service;
• ability to find new work
• benefits;
• bonus; and
• other payments earned while employed.

A severance package can generally be as much as 24 months’ pay and relies on both Ontario’s minimum entitlements under the Employment Standards Act and full compensation under common law.

An employment lawyer at Samfiru Tumarkin LLP can examine the various factors involved in your situation to determine what your full severance entitlements are.

The Severance Pay Calculator can be used to determine the range of severance pay owed to a worker in Ontario.

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What should I do after a wrongful dismissal in Ontario?

How you navigate the termination meeting and what you do afterward will give you a better chance at getting the appropriate compensation if you have been wrongfully dismissed.

After you are fired or let go, there are some key things you should do in order to protect your employment rights:

• Don’t sign off on any severance offers or termination papers. If you do, you could give up your right to file a claim for wrongful dismissal and compensation
• Immediately write down what happened, from the point of termination through the termination meeting itself, and include as much detailed information as possible.
• Put together all documents related to your employment with the company. This can include your employment contract, any performance reviews (positive or otherwise), pay statements, emails, or other correspondence about your workplace or connected to your firing, and those termination papers you may have been given.

The most important point on that list: contact an employment lawyer at Samfiru Tumarkin LLP to get proper advice. Our skilled Toronto severance lawyers are ready to assist you.

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How can I file a claim or sue for wrongful dismissal?

If an employee does not receive an adequate amount of severance pay after being let go, they can file a claim, or “sue”, their employer for wrongful dismissal. This action would be taken by one of our employment lawyers on the former employee’s behalf. The purpose of the claim would be to seek damages amounting to the severance pay that the individual should have received.

A wrongful dismissal action commences when an employee files a claim against their former employer, seeking monetary damages because not enough notice or severance pay was provided. In a vast majority of cases, when an individual does sue for wrongful dismissal through an employment lawyer, the matter is quickly negotiated and settled between both parties to the benefit of the laid-off employee.

READ MORE
• Don Cherry and Wrongful Dismissal
• OPP Deputy Brad Blair Suing Doug Ford for $15M over Termination
• Employment Law Show S3 E16: What is a Wrongful Dismissal?

Our firm is one of the few employment law firms in Ontario that has successfully handled tens of thousands of wrongful dismissal cases. We have the experience, understanding, and dedication that is vital to a successful case, and have worked with clients to secure some of the largest severance packages in Canada.

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Wrongful Dismissal Lawyers in Ontario

An Ontario wrongful dismissal lawyer at Samfiru Tumarkin LLP can work on your behalf to get severance from your employer when you have been let go. Through an initial consultation, we will review the facts of your employment, the circumstances of your dismissal, and any pertinent documentation. Your employment lawyer will then tell you if you have a case, how much compensation you may be entitled to, and how we will obtain it.

Our wrongful dismissal lawyers have years of experience negotiating with small, medium, and large businesses across Ontario to maximize our clients’ severance packages. Samfiru Tumarkin LLP’s level of success and proven results are backed up by thousands of positive online reviews – the most for any law firm in Canada.

Contact our team today to get the advice you need, and the compensation you deserve.

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How does an employment contract impact my severance?

Employment contracts in Ontario may limit the amount of severance you are owed in a wrongful dismissal. They do this through the use of a termination clause. These clauses are drafted with language that limits your compensation to the minimum amount guaranteed by Ontario’s Employment Standards Act. While this provincial legislation may only provide a few weeks’ pay (if you qualify), what you are legally owed through common law (which a contract seeks to eliminate) could result in many months’ pay.

Don’t accept an employment agreement before an employment lawyer at Samfiru Tumarkin LLP reviews its contents. This includes any new contract you are asked to sign by your current employer. Companies often ask staff to sign updated agreements just to introduce termination clauses (if your contract doesn’t have one) or “improve” an outdated one that doesn’t reflect the latest laws.

If you sign an employment contract, you could be giving up your rights to tens of thousands of dollars when you are wrongfully dismissed. In some cases, a termination clause in an agreement may be poorly written or illegal. An employment lawyer, such as a Toronto employment lawyer or an employment lawyer in Ottawa, can examine the passage and establish what it means for your rights.

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How long do I have to claim wrongful dismissal? Is there a time limit?

You have two years from the moment of termination to sue or file a wrongful dismissal claim in Ontario through an employment lawyer. Once that two-year period expires, you will have no legal recourse to get your severance pay.

Check with an employment lawyer before assuming when your rights expire. In some cases, the date of termination may be difficult to establish, affecting the deadline to file a claim.

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More resources on wrongful dismissal

• Wrongful dismissal lawyers for Toronto and Ottawa.

• Difference between termination and severance pay

• Employment Law Show: Wrongful dismissal primer

• Severance pay in the construction industry

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Comprehensive services for Ontario employees

Our employment lawyers have successfully represented thousands of non-unionized individuals in various regions across Ontario, Alberta, and B.C.

In addition to wrongful dismissal negotiations, we can assist you on a broad range of employment matters in Ontario, including:

For a comprehensive overview of employment, disability, and personal injury law, explore our Law Essentials page.

If you are a non-unionized employee who needs help with a workplace issue, contact us or call 1-855-821-5900 to get the advice you need and the compensation you deserve.