If you were fired from your job in Toronto and not paid what you’re legally owed, your dismissal may be wrongful.
Many employers in Ontario terminate employees without cause and offer only the minimum severance required under the Employment Standards Act — even when the law requires significantly more. A wrongful dismissal lawyer in Toronto can review your termination and help you pursue the full severance you’re entitled to under Ontario law.
Before you sign anything, it’s important to understand what your employer was actually required to pay.
Before You Sign a Severance Offer
If your employer has offered you severance, pause before signing.
- Severance offers are often negotiable
- Signing a release can permanently limit your legal rights
- Once signed, you usually can’t claim more compensation, even if the offer was too low
Many wrongful dismissal cases are lost not because the employee was wrong — but because they signed too quickly.
What Does a Wrongful Dismissal Lawyer in Toronto Do?
A wrongful dismissal lawyer in Toronto helps non-unionized employees who were fired without receiving proper notice or severance pay.
In Ontario, employers are allowed to terminate employment without cause — but only if they provide reasonable notice or pay in lieu of notice. When an employer underpays severance, relies on an invalid contract clause, or wrongly claims cause, the dismissal may be wrongful.
A Toronto wrongful dismissal lawyer can help by:
- Reviewing your termination letter and severance package
- Calculating what you’re actually owed under Ontario common law
- Challenging low or misleading severance offers
- Responding to improper for-cause allegations
- Handling constructive dismissal claims involving forced resignations
- Negotiating a fair settlement — often without court proceedings
You are not required to accept your employer’s first offer.
ℹ️ Learn more with our guide on wrongful dismissal in Ontario.
How Much Severance Can You Get After a Wrongful Dismissal?
There is no fixed formula for severance pay in Ontario.
While the Employment Standards Act sets the minimum, many Toronto employees are entitled to much more under common law — in some cases up to 24 months’ pay, depending on the circumstances.
Severance is assessed based on factors such as:
- Age
- Length of service
- Position and level of responsibility
- Availability of similar employment
- Total compensation, including bonuses, commissions, benefits, and allowances
offer.
💡 It’s common for employees to discover their employer’s offer falls tens of thousands of dollars short of what the law requires. Use the Severance Pay Calculator to estimate what you may be owed.
Wrongful Dismissal vs. Being Fired “Without Cause”
Being fired without cause does not automatically mean the dismissal was wrongful.
However, it often becomes wrongful when an employer:
- Offers only ESA minimums when more is owed
- Relies on an unenforceable termination clause
- Excludes bonuses, benefits, or commissions from severance
- Claims “cause” without meeting the very high legal standard
In Toronto, many wrongful dismissal claims arise because employers misunderstand — or ignore — their legal obligations.
Constructive Dismissal in Toronto
You do not need to be formally fired for a dismissal to be wrongful.
Constructive dismissal occurs when an employer makes major changes to your job without your consent, such as:
- Significant pay or hour reductions
- Demotion or loss of responsibilities
- Forced relocation
- Creating a toxic or hostile work environment
If these changes effectively force you out and you’re not paid severance, you may still have a wrongful dismissal claim.
ℹ️ Get a better understanding by reading our guide on Constructive dismissal in Ontario.
How Wrongful Dismissal Claims Are Typically Resolved
Most wrongful dismissal claims in Toronto do not go to trial.
In many cases, the process looks like this:
- Your termination and employment contract are reviewed
- Severance entitlements are calculated
- Your employer is presented with a legal position
- The matter is resolved through negotiation or settlement
Court is usually a last resort, but the possibility of litigation often encourages employers to settle fairly.
How Long Do You Have to Sue for Wrongful Dismissal in Toronto?
In most cases, you have two years from the date of termination to start a wrongful dismissal claim.
Waiting too long can weaken your position or eliminate your right to compensation altogether. Getting advice early helps protect your claim.
- See more: Statute of Limitations in Ontario
Speak With a Wrongful Dismissal Lawyer in Toronto
If you were fired in Toronto and not paid full severance, your dismissal may be wrongful.
✅ At Samfiru Tumarkin LLP, our Toronto wrongful dismissal lawyers have helped 50,000+ employees across Canada recover millions in severance and compensation.
- ⚖️ No upfront fees in many cases*
- ⭐ Thousands of 5-star Google reviews
- 🏆 Named one of Canada’s Best Law Firms by The Globe and Mail
* Conditions apply. Not all cases qualify.
📞 Call us at 1-855-821-5900 or request a consultation online.
⚠️ Unionized? Only your union can represent you. By law, employment lawyers can’t represent unionized employees.
Why Choose Our Toronto Wrongful Dismissal Lawyers?
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Experience
Extensive experience with wrongful dismissal and severance claims -
Advice
Clear, practical advice — no unncessary legal jargon
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Strategy
Strong negotiation leverage to resolve matters efficiently -
Service
Client-first approach from start to finish