Wrongful Dismissal
Generally, dismissed employees should receive a severance package
The laws in Canada usually require employers to provide dismissed employees with an appropriate severance package. However, many employees mistakenly believe that their employer’s initial offer is fair and final. Speaking to an experienced employment lawyer promptly after a wrongful termination in Toronto, or elsewhere in Ontario, could mean the difference between receiving an exceptional severance pay package or something that is unfair.
What does it mean to be wrongfully dismissed?
In Canada, if you work in a non-unionized work environment, your employer is allowed to terminate you from your job without reason or cause, but only if a reasonable notice or payment, known as severance, is provided.
A wrongful dismissal occurs when you are terminated and not given proper notice or if you are terminated and not given appropriate termination pay in lieu of notice. How much severance pay are you legally entitled to? The amount is based on numerous factors including your age, tenure, your position, and the availability of other employment.
Experienced Toronto wrongful dismissal lawyers will be able to quickly identify whether the severance offer you received was sufficient or whether and how it should be improved. In some cases of wrongful termination in Toronto, your employer may claim that they have just cause to terminate you for some form of misconduct, so that they do not have to offer you any form of severance. However, only the most serious form of misconduct will meet this test.
If you have been wrongfully terminated, what are your options?
If you were presented with an offer of severance, chances are that there are some deficiencies. This could be that the company did not offer you as much severance as you are entitled to or that the terms of the severance offer does not take into account your total and overall compensation. Your entitlement may be more than your company is offering, based on your age, tenure, position, and past precedents. Make sure your severance package is fair and reasonable; consult our severance pay calculator here.
For multiple reasons, it is important to seek legal advice quickly from a Toronto wrongful dismissal lawyer, so that you can understand your options and figure out if you have the grounds for a wrongful termination claim.
If your employer has fired you for alleged misconduct, this is something that they will need to prove you were responsible for, and that your misconduct was so grave that you are disqualified from a severance package. Ontario employees have the right to pursue wrongful dismissal claims based on the argument that the decision to withhold any severance from you was improper.
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How can the wrongful dismissal lawyers at
Whitten & Lublin help you?
Our lawyers for wrongful termination serving Ontario have extensive experience in wrongful termination cases in Toronto and other areas, having represented thousands of employees who have faced wrongful dismissals. Our skills, experience and the reputation of our employment law firm are widely recognized in the industry, leading to our being named one of Canada’s Top Employment and Labour Law Firms by Canadian Lawyer Magazine for 4 years, most recently in 2024. In addition to wrongful dismissal cases or constructive dismissal cases, we help employees with all types of workplace disputes, including employment contract reviews, disability insurance claims, and many others.
When they think they hold all the cards, show them you have more power than they think. Let the employment lawyers at Whitten & Lublin help you.
Yes, you can. In Ontario, the law allows employers to terminate employees without cause, which means they don’t need to give a specific reason. But they don’t get to walk away without meeting their legal obligations. If you’ve been let go, your employer must provide either reasonable notice or pay in lieu of notice, commonly referred to as severance.
Too often, employees are handed a severance letter and feel pressured to accept it on the spot, assuming it’s final and fair. But that initial offer may fall well short of what you’re truly entitled to. Severance pay under common law isn’t the same for everyone; the amount depends on a variety of factors, things like your age, your length of service, and your role. If any of those factors point to a longer road to re-employment, you may be owed significantly more. At Whitten & Lublin, we can help you determine what you’re really owed and make sure your employer delivers it.
When you’re handed a termination letter or severance package, it may include a clause that asks you to sign away your right to take legal action. What many employees don’t realize is that depending on the terms, the act of signing may prevent you from later challenging the fairness of that termination. That’s why timing and understanding are so important.
The moment right after a dismissal can feel overwhelming. You may be tempted to just sign and move on. But even if your employer insists the offer is generous or time-sensitive, you are under no legal obligation to accept it without reviewing it first. In fact, that’s where we often find opportunities.
At Whitten & Lublin, we carefully examine the fine print, assess whether the compensation offered reflects your true legal entitlements, and help you decide whether it’s in your best interest to accept, revise, or reject it altogether.
In most cases, you have up to two years from the date of termination to file a wrongful dismissal claim in Ontario. That might seem like a long time, but that doesn’t mean you should wait. Over time, details become harder to recollect, emotions change, and what once felt urgent starts to feel less clear. But make no mistake: your right to compensation doesn’t disappear just because your employer moved on quickly.
We always encourage clients to seek legal advice sooner rather than later. The earlier you understand where you stand, the more control you have over your options. And even if you’re not sure whether your dismissal qualifies as wrongful, having that conversation with a legal expert can be the difference between quietly walking away and confidently securing what you deserve.
If you were terminated without proper notice or without fair severance, you could be entitled to much more than what your employer initially offered. That includes the salary you would have earned during a proper notice period, plus the value of any benefits, bonuses, commissions, or vacation time you lost as a result of the termination.
In some cases, if the termination was handled with bad faith or undue stress, there may also be grounds for additional compensation. Every situation is unique, which is why a cookie-cutter severance offer rarely reflects the full picture.
At Whitten & Lublin, we take the time to understand the full scope of your employment and what’s at stake. Then we fight for the compensation that truly reflects your worth.
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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