Wrongful Dismissal Lawyer in Toronto

Have you been fired without advance notice, termination pay, severance pay, or pay in lieu of notice?  If so, and you are not unionized, you may have a case against your employer for wrongful dismissal. 

What Is Wrongful Dismissal?

Wrongful dismissal commonly occurs when:

  • An employer fires an employee without cause but fails to provide them with a reasonable amount of advance working notice under the common law.  This is the most common form of wrongful dismissal.
  • An employer changes a fundamental term of an employment contract without an employee’s consent and fails to provide them with an adequate amount of advance working notice.  This is referred to as constructive dismissal.
  • An employee is forced to leave their employment because of a poisoned or intolerable work environment. This is also referred to as constructive dismissal.
  • An employer fires an employee but fails to provide termination pay, statutory notice, or statutory severance as required by minimum provincial employment standards under the Employment Standards Act, 2000 (ESA, 2000).
  • Similar but different considerations may apply if you are covered by minimum federal employments standards under the Canada Labour Code.

Generally, if you perform your duties without issue, an employer shouldn’t be able to fire you without providing you with an adequate amount of advance working notice and other compensation. 

Not sure whether the ESA, 2000 or Canada Labour Code applies to you? Our Toronto wrongful dismissal lawyers will review your situation and severance package and fight for what you deserve.

Do I have a case?

If you suspect that you have been wrongfully dismissed, Franklin Law can help you to review your situation, and provide legal advice regarding your severance package and other legal options.
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How much might I be entitled to?

Use our free severance pay calculator to estimate how much reasonable notice you might be entitled to at common law.
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How much What is an adequate amount of compensation when you are terminated?

1. Minimum statutory notice and severance pay under the ESA, 2000

Statutory notice

  • Ranging from to a maximum of 8 weeks

Statutory severance pay

  • Ranging from 1 week to a maximum of 26 weeks
  • BUT only if you have worked for the employer for at least 5 years AND A) at least 50 employees were let go in a 6 month period OR B) the employer has a payroll of at least $2.5 million.

Tip

  • Most employers love it when their employees accept ESA, 2000 minimums.

2. Pre-agreed upon compensation when there is a written employment contract that is ESA, 2000 compliant

What do you typically get?

  • Compensation equal to the amount set out in the contract so long as it is equal to or more than ESA, 2000 minimums.

Tip

  • Many, if not most, written employment contracts are not enforceable, so employees should get legal advice before accepting an offer

3. Reasonable Notice (or “common law severance pay”) when there is no written employment contract or termination provisions in contract are not ESA, 2000 compliant.

What do you typically get?

  • Varies from case to case but typically 1 to 30 months depending on length of service, nature of position, specialization, age, etc.

Tip

  • Most employees want common law reasonable notice which typically is greater than ESA, 2000 minimums.

Note: Similar but different considerations apply to federally regulated employees covered under the Canada Labour Code.

Not sure which legislation applies to you? Not sure if the severance package you have been offered is adequate or fair?  Our Toronto wrongful dismissal lawyers will review your situation and severance package and fight for what you deserve.

What to Do If You Were Wrongfully Dismissed

Step 1: Don’t Sign Anything Right Away

Employers often offer low severance packages hoping employees will sign quickly. Don’t rush—get legal advice first!

Step 2: Contact a Wrongful Dismissal Lawyer in Toronto

Speaking with an employment lawyer ensures you receive the severance you deserve. At Franklin Law, we provide:
  • Severance package reviews
  • Negotiation with your employer
  • Legal representation if needed

Step 3: Take Legal Action (If Necessary)

If your employer refuses to offer fair compensation, we can:
  • File a wrongful dismissal claim
  • Negotiate a higher severance settlement
  • Take legal action in court

Time Limits Apply! Under Ontario law, wrongful dismissal claims must be filed within 2 years of termination.  Under federal law, dismissal-based claims may have to be filed within as little as 90 days of the dismissal. Don’t wait—contact us today! 

Frequently Asked Questions about Wrongful Dismissal in Toronto

Wrongful dismissal occurs when an employer terminates an employee without providing an adequate amount of advance working notice.  Depending on the situation, an adequate amount advance notice may be: 1) minimum notice under employment standards legislation, 2) a pre-agreed amount of notice that is set out in a written employment contract, or 3) a reasonable amount of notice under the common law.  In many but not all cases, reasonable notice at common law provides employees with the most compensation.

It’s important that consult with an employment lawyer to evaluate your specific situation.

Reasonable notice is assessed by a court based on several factors including but not limited to the employee’s age, length of service, position, and specialization, and the availability of similar employment opportunities. The goal is to provide an employee with sufficient time to secure comparable employment.

It’s important that consult with an employment lawyer to evaluate your specific situation.

Pay in lieu of a reasonable amount of advance working notice of a termination typically covers salary, benefits, bonuses, and other forms of compensation that you would have received had your employer given you advance working notice and you continued to work during the period of working notice.

It’s important that consult with an employment lawyer to evaluate your specific situation.

In a strict sense, severance pay is compensation that is available under minimum employment standards legislation like the ESA, 2000 and Canada Labour Code. 

However, when most people refer to “severance Pay” or to “a severance package”, they are referring to compensation in lieu of reasonable amount of advance working notice of termination at common law.

Although statutory severance pay and common law “severance pay” are very different, employees often confuse the two.

It’s important that consult with an employment lawyer to evaluate your specific situation.

You might have grounds for a wrongful dismissal claim in several situations including but not limited to:

  • If you were terminated without cause and did not receive adequate notice or compensation.
  • If you were terminated with cause but you did not engage in the misconduct you were accused of.
  • If you were terminated and your employer gave you less than what is required under provincial or federal employments standards legislation, or for other unlawful reasons.

It’s important that consult with an employment lawyer to evaluate your specific situation.

You might have grounds for a wrongful dismissal claim in several situations including but not limited to:

  • If the alleged misconduct did not occur.
  • If the alleged misconduct was not sufficiently serious to constitute cause.
  • If the alleged misconduct was not intentional.
  • If you were not given any notice or compensation.

It’s important that consult with an employment lawyer to evaluate your specific situation.

Wrongful dismissal may occur when an employer tells an employee that they have been fired, terminated, or dismissed.

Constructive dismissal may occur when an employer does not tell an employee that they have been fired, terminated, or dismissed but instead changes the terms of the employee’s employment in a fundamental way or forces an employee to work in a poison or intolerable working environment. In order for the claim to arise, an employee must first accept the employer’s repudiation of the employment contract and advise the employer that they have to leave their employment.

In both cases, the most frequent remedy that courts award is compensation in lieu of the reasonable amount of advance working notice that the employee was deprived of because of the unlawful dismissal.

It’s important that consult with an employment lawyer to evaluate your specific situation.

When an employee resigns, they did so voluntarily.

When an employee leaves their employment due to constructive dismissal, they do so involuntarily in response to an employer changing the terms of the employee’s employment in a fundamental way or forcing an employee to work in a poison or intolerable working environment.

It’s important that consult with an employment lawyer to evaluate your specific situation.

Generally, an action for wrongful dismissal must be initiated in court within two (2) years from the date of termination.  If you don’t file your claim in time, you may lose your right to sue.

It’s important that consult with an employment lawyer to evaluate your specific situation.

No.  BUT wrongful dismissal law and court procedures are complicated and it is very difficult for an employee to understand all of those complexities and proceed with confidence without consulting with and/or being represented by an experienced employment lawyer.

For employees who want to learn more about wrongful dismissal and severance packages, please download our:

Free Severance Package Self Help Guide Video and Tool Kit

Bad Faith and Unfair Manner of Dismissal or Aggravated Damages – If you are dismissed in a dishonest, unfair, bad faith or insensitive manner, you may be able to claim additional compensation for the manner of your dismissal. 

Discrimination – If you are dismissed for discriminatory reasons in violation of human rights legislation, or are terminated as a reprisal for raising employment standards, human rights, or occupational health and safety concerns, you may be able to claim additional compensation for the breach of your statutory rights and injury to dignity, self-esteem, etc.   

Reprisal – If you are dismissed as a reprisal for raising employment standards, human rights, or occupational health and safety concerns, you may be able to claim additional compensation for the breach of your statutory rights.   

Punitive Damages – if your employer acted in a manner that was so egregious and repugnant that it’s conduct is worthy of society’s condemnation, you may be able to seek punitive damages.

It’s important that consult with an employment lawyer to evaluate your specific situation.

Why Choose Franklin Law?

At Franklin Law, we only represent employees—never employers. Our team has helped thousands of Toronto employees to fight for fair treatment after wrongful termination.

  • Decades of experience in employment law
  • Personalized, client-focused legal support
  • Strong track record of securing settlements and winning cases for wrongfully dismissal employees
  • Other law firms frequently refer cases to Franklin Law

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💼 Don’t settle for less than you deserve. Let Franklin Law fight for your rights today!