Wrongful Dismissal Lawyers in Ontario

If you were terminated without cause, the reason for the termination generally does not affect your wrongful dismissal claim. Wrongful dismissal is concerned with whether you received adequate notice or pay in lieu, not with why you were let go. However, if your employer is alleging just cause for your dismissal, it is especially important to speak with an employment lawyer as soon as possible.

The key question is whether the notice or compensation you were offered upon termination was reasonable given your circumstances. Factors such as length of employment, age, salary, and position all play a role in determining what you are entitled to. An employment lawyer can review your situation and help you understand whether what you were offered was fair.

You generally have two years from the date of termination to commence a claim for wrongful dismissal in Ontario. In some cases, determining the exact date of termination can be complex, which is one reason it is important to seek legal advice promptly. You should also keep a written record of events surrounding your dismissal to assist your lawyer in assessing your claim.

The amount of notice you are entitled to receive depends on your employment agreement and the length of your service. Under the Employment Standards Act, 2000, a person is entitled to notice of 1 week for every year worked up to 8 weeks maximum. Under the Canada Labour Code, similar provisions apply. If you do not have a written employment agreement, or if it does not comply with the minimum requirements under the Employment Standards Act or the Canada Labour Code, you may be entitled to common law notice, which can be up to 24 months, depending on a number of factors.

Severance pay in a wrongful dismissal claim is based on a number of factors, including your length of employment, salary, age, ability to find new work, and entitlement to benefits and bonuses. Depending on these factors, compensation can range from two weeks to 24 months of pay. The Ontario Ministry of Labour provides a general calculator as a starting point, but an employment lawyer can help determine whether you may be entitled to more.

Under the Employment Standards Act, 2000, you are entitled to continue receiving your benefits for a minimum period following termination, ranging from one to eight weeks depending on your length of service. However, you may be entitled to benefits coverage beyond the statutory minimum depending on your employment contract or common law entitlements. An employment lawyer can advise on what applies to your situation.

If you need financial support after losing your job, you should apply for employment insurance as soon as possible. Applying promptly helps ensure you do not miss out on benefits you may be entitled to while you determine your next steps.

Being terminated while on long-term disability raises serious legal concerns. Your employer may claim you have abandoned your position or are not on an approved leave, even if medical evidence supports your inability to work. If this has happened to you, it is important to speak with an employment lawyer as soon as possible to understand whether your termination was fair and what options may be available to you.

You are not required to hire a lawyer, but wrongful dismissal claims can involve complex entitlement calculations, just cause disputes, and strict limitation periods. Speaking with an employment lawyer early can help you understand what you are owed, protect your rights, and pursue the best possible outcome.