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Wrongful Dismissal

Losing your job in Hamilton does not mean losing your right to a fair severance package.

If your job has ended in Hamilton, your former employer is required to provide severance pay that reflects your years of service, your position, and the time it will likely take to find comparable work. Yet many employees sign their first offer without realizing what the law truly provides.

At Whitten & Lublin, our wrongful dismissal lawyers serving Hamilton help employees understand their rights before they sign anything. We review severance packages, identify what is missing, and work towards holding employers to their legal obligations.

What does it mean to be wrongfully dismissed?

A wrongful dismissal occurs when an employee is terminated without proper notice or fair severance pay. In Hamilton, as throughout Ontario, an employer may dismiss a non-unionized employee without cause, but only if reasonable notice or pay in lieu is provided. The amount depends on several factors including age, tenure, seniority, and how long it might take to find similar work.

Our lawyers assess these factors carefully to determine whether your severance offer meets your legal entitlement. If your employer claims “just cause” to avoid paying severance, that claim must meet a strict legal test. We will review the facts, challenge unfounded allegations, and protect your right to secure your full compensation.

If you have been wrongfully terminated in Hamilton, what are your options?

Regardless of your industry, your employer must provide a fair and complete severance package. Some do not. Bonuses, benefits, commissions, and even unused vacation time are often left out of initial offers.

If you have been dismissed, take time before you sign. Our wrongful dismissal lawyers can review your termination documents, explain your options, and determine whether your package reflects your true entitlement. If your employer refuses to provide severance or relies on a weak “cause” argument, we will take action to recover what you are owed.

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How can the Whitten & Lublin wrongful
dismissal lawyers serving Hamilton help you?

Our firm has represented thousands of employees across Ontario, including many in Hamilton. Recognized among Canada’s Top Employment and Labour Law Firms by Canadian Lawyer Magazine, we are known for our results and practical, client-focused representation.

We understand that losing your job is more than a financial event. It can disrupt your confidence and sense of stability. Our role is to bring clarity and strength to that moment. We help Hamilton employees secure fair outcomes through direct, informed advocacy that gets results.

When your employer insists their offer is final, we make sure the law has the last word.
Book your consultation today and take back control of your future.

Yes. Employers in Hamilton can terminate employees without cause, but they must provide reasonable notice or severance pay. What is considered reasonable depends on how long you worked, your age, your role, and the time it may take to find new employment. Many employers only meet the minimum required under the Employment Standards Act, which is often far less than your common law entitlement. Our lawyers will calculate your true entitlement and ensure you receive it.

In most cases, yes. Many termination letters include a release that prevents you from making future claims once signed. Employers may suggest that the offer is time-sensitive or non-negotiable, but you are not required to sign immediately.

If you have received a severance offer in Hamilton, take time to review it with a lawyer. We will examine the terms, explain their impact, and help you decide whether to accept, revise, or reject the agreement.

You have up to two years from the date of termination to file a wrongful dismissal claim. Acting sooner is almost always better. Early advice helps preserve evidence, strengthen your case, and often leads to faster resolutions.

Despite changes in the job market, your rights remain constant. The sooner you understand what you are entitled to, the sooner you can move forward with confidence.

If you were dismissed without fair notice or an appropriate severance package, you may be entitled to much more than your employer offered. Compensation often includes salary for the full notice period, plus the value of benefits, bonuses, commissions, and vacation pay.

The amount depends on your situation, your employment contract, how long you worked and how long it will likely take to find a comparable job.

Your employment
is our specialty

In need of legal advice? We are committed to treating your case with the care, dedication, and compassion that you deserve. Contact our employment and labour lawyers today to learn how we can help you understand and resolve your workplace legal matter.

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