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Wrongful Dismissal

Employees who are dismissed from their jobs in Ottawa are generally entitled to fair severance pay.

A job loss in Ottawa can unsettle even the most prepared professional. In these kinds of circumstances, employees might sign their termination package without understanding what the law truly provides. Often, that first offer is incomplete. 

At Whitten & Lublin, our wrongful dismissal lawyers working with Ottawa employees help bring clarity to a situation that can feel rushed or overwhelming. We review the severance offer in front of you, outline how the law approaches notice and compensation, and help you understand the options available before you make any decisions. Our goal is to give you a clearer picture of your legal position so you can take control of your outcome. 

What does it mean to be wrongfully dismissed?

A wrongful dismissal occurs when an employer ends a non-unionized employee’s job without providing the level of notice or severance that the law may require. Although Ontario employers are permitted to terminate without cause, they must provide proper notice or in place of notice, compensation that reflects your position, your length of service, your age, and the time it may reasonably take to secure comparable work.

Our lawyers review these factors in detail. If an employer claims just cause as a reason not to provide severance, we assess whether the underlying conduct meets the strict legal standard. Many allegations do not, and part of our work is to help you understand how the law approaches those situations.

If you have been wrongfully dismissed in Ottawa, what are your options?

Severance offers sometimes omit elements such as benefits continuation, bonus eligibility, commissions, or unused vacation pay. For many Ottawa employees, especially those in hybrid compensation structures, these details can make a meaningful difference.

Before you sign anything, it can be helpful to review the terms with a wrongful dismissal lawyer who can examine the offer line by line, explain the legal implications, and outline whether the terms reflect what may be required under Ontario law regarding termination and severance pay. If an employer has denied severance or relied on a just cause allegation, we help you assess the situation and determine next steps that align with your goals.

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

Employees come to us during moments that often feel disruptive. Regardless of background, many share the same question: what does the law say about my situation.

Our team draws on decades of experience helping employees across Ontario understand their rights and obligations. We are recognized among Canada’s Top Employment and Labour Law Firms by Canadian Lawyer Magazine and known for clear, practical, client focused representation. We take the time to learn about your circumstances and what outcome you are hoping to achieve. From there, we provide practical guidance and a legal strategy that reflects both your situation and the realities of Ontario employment law.

When an employer presents a severance offer as final, we help you evaluate that statement and understand the legal framework that applies. Our focus is on providing clear information and guidance that helps you move forward with confidence in your decisions.

The value of a wrongful termination claim is tied to your reasonable notice period, which reflects how long it may take you to find comparable work. Courts consider your age, your role, your years of service, and how competitive your field is. The number is often far higher than dismissed employees realize.

You may be entitled to months of pay, plus the value of benefits, bonuses, commissions, and other forms of compensation. With the right advice from experienced Ottawa wrongful dismissal lawyers, you can approach your situation with clarity and leverage.

There is no “standard” payout, because each employment agreement involves a unique set of circumstances. What matters is determining your reasonable notice period and attaching the full value of your compensation to it. Employers often focus on the minimum required by the Employment Standards Act, which could be significantly less than your common law entitlement. 

When you understand what the law provides, you gain the ability to negotiate and protect what you have earned.

The first step is to slow things down. Employers often expect employees to sign quickly, but you are entitled to time,  and advice from legal counsel to get a clear understanding of your rights. Gather your documents, including your contract and termination letter, and have them reviewed by an employment lawyer. You may be entitled to significantly more compensation than what’s on paper. When you understand the full picture, you can respond from a position of strength, not urgency. An unfair termination does not define your future, and you do not have to navigate it alone.

Proving wrongful dismissal usually involves showing that your employer ended your employment without providing the level of notice or termination pay that the law may require. 

It is also important to understand the difference between wrongful dismissal and constructive dismissal. A wrongful dismissal occurs when an employer formally ends the employment relationship without proper notice. A constructive dismissal claim, on the other hand, may arise when the employer does not terminate your job outright but makes significant changes to your role, pay, schedule, working conditions, or employment contract that alter the employment relationship in a fundamental way. Situations involving workplace harassment that has made your situation impossible to tolerate may also qualify. 

If you believe your employment ended unfairly or changed in a way that left you with little choice but to leave, speaking with an employment lawyer can help you understand where your situation fits. This guidance can help you make informed decisions about how to move forward.

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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