Wrongful Dismissal and Severance Lawyer in Toronto
If you were let go without cause, you are usually entitled to more than the minimum in the Employment Standards Act. Our team reviews severance offers and termination clauses for Toronto employees and negotiates or sues for what the law allows.
30-minute consultation, $150 plus HST, paid when you book.
Wrongful dismissal in Ontario
Short answer: An Ontario employer can end employment without cause, but it must give proper notice or pay instead. Unless a valid termination clause limits you to the minimums in the Employment Standards Act, 2000, you are usually entitled to reasonable notice at common law, which is often much more. Do not sign a release until the offer has been reviewed.
Civitas Law is a team of legal professionals under the leadership of lawyer Nasibeh Mehrpouyan, serving employees and small employers across Toronto and the GTA in English, French, Farsi, Russian and Serbian.
Employment Standards Act minimums
- Termination notice or pay: generally one week for less than a year of service, two weeks for one to three years, then one week per year of service, up to eight weeks.
- Severance pay: an additional one week per year of service, up to 26 weeks, for employees with five or more years of service where the employer's payroll is at least $2.5 million or 50 or more employees are let go in six months because all or part of the business closes.
- Benefits must continue during the statutory notice period.
These are floors, not the full entitlement in most cases.
Reasonable notice
Without an enforceable termination clause, courts award reasonable notice based on factors such as age, length of service, the character of the job and the availability of similar work. Termination clauses are frequently found unenforceable, for example where any part of the clause could allow less than the statutory minimum. That is why the clause in your contract matters so much. See wrongful dismissal in Ontario and severance pay in Ontario.
When you were not formally fired
A significant unilateral change to pay, duties, hours or location, or a toxic workplace the employer fails to address, can amount to constructive dismissal. Timing matters: continuing to work under the new terms for too long can be treated as acceptance. Get advice before you resign.
How we approach a severance case
- Review the employment contract, the termination letter and the offer.
- Calculate statutory and common law entitlements, including bonus, commissions and benefits.
- Negotiate with the employer, and if needed start a claim in Small Claims Court or the Superior Court.
You are expected to look for new work while the claim proceeds, so keep a record of your job search. The general limitation period is two years from termination.
Questions we hear often
General information, not legal advice. Every matter is different.
How much severance am I entitled to in Ontario?
Should I sign the release my employer gave me?
What is constructive dismissal?
Can I be fired without a reason in Ontario?
How long do I have to make a wrongful dismissal claim?
How much does an employment lawyer cost in Toronto?
Related services and guides
Employment law
Contracts, workplace rights and disputes.
Wrongful dismissal in Ontario
Your rights when you are let go.
Severance pay in Ontario
How severance is calculated.
اخراج ناعادلانه به فارسی
This page in Farsi.
Talk to our team
Book a consultation online or call (647) 271-1646 (the phone is answered 24/7). 30-minute consultation, $150 plus HST, paid when you book. Legal fees after that depend on the work involved, and we explain them in writing before you retain us.
Straightforward legal advice from a Toronto lawyer.
30-minute consultation, $150 plus HST, paid when you book. Personal injury matters start with a free 10-minute case review with the lawyer. Consultations are confidential.