Frequently Asked Questions
Everything you need to know about severance, wrongful dismissal, and how we can help.
About FairSeverance.ca
FairSeverance.ca is a free service that connects employees who have been terminated or laid off with experienced employment lawyers in the Greater Toronto Area. We help tech professionals, financial services employees, and other professionals understand their severance rights and find the right legal representation.
Yes, our matching service is 100% free for employees. There is no cost to submit your information, and no obligation to hire a lawyer. Lawyers in our network may work on contingency (taking a percentage of what they recover for you) or offer competitive fixed fees.
Lawyers pay a referral fee for qualified leads. This allows us to provide our service free to employees while ensuring lawyers receive pre-qualified leads for their practice.
Most users hear back from a lawyer within 1 business day. If you have an urgent deadline (like a severance offer you need to respond to), please indicate this in your submission and we'll prioritize your case.
We serve the entire Greater Toronto Area including Toronto, Mississauga, Brampton, Markham, Vaughan, Richmond Hill, Oakville, Burlington, and surrounding cities. Our network includes lawyers who can assist employees across Ontario.
No, there's absolutely no obligation. The initial consultation is typically free, and you can decide whether to proceed after speaking with the lawyer about your case.
Wrongful Dismissal & Severance
Wrongful dismissal occurs when an employer terminates an employee without providing adequate notice or severance pay. In Ontario, employees are entitled to "reasonable notice" based on factors like age, position, length of service, and the availability of similar employment. Wrongful dismissal claims can recover the difference between what you were offered and what you're legally entitled to.
Your severance entitlement depends on several factors: your age, years of service, position/seniority, salary, and the availability of similar employment. While the Employment Standards Act provides minimum requirements (up to 8 weeks), common law can entitle you to up to 24 months or more of pay. An employment lawyer can provide an accurate assessment.
We strongly recommend having an employment lawyer review any severance offer before signing. Initial offers are often negotiable, and signing a release typically waives your right to pursue additional compensation. Many employees receive significantly more after legal negotiation.
Even if you've signed, there may still be options. Some releases can be challenged, especially if they were signed under duress, without adequate time to consider, or without legal advice. Contact a lawyer to review your specific situation.
Constructive dismissal occurs when your employer makes significant changes to your employment without your consent - such as demoting you, reducing your pay, changing your role substantially, or creating a hostile work environment. These changes can give you the right to treat the employment as terminated and claim severance.
Do I Need a Lawyer?
In most cases, yes. Employment lawyers typically recover significantly more than the initial offer - often 2-3x or more. Many work on contingency, meaning you only pay if they recover money for you. The free consultation allows you to understand your options without commitment.
Even if your offer seems fair, there may be additional entitlements you're not aware of - such as bonuses, stock options, benefits continuation, or a higher notice period based on common law. A lawyer can quickly assess whether your offer matches your legal entitlements.
Yes, your compensation level significantly impacts your severance calculation. Senior professionals and executives often have additional considerations like stock options, RSUs, bonuses, and longer notice periods. These cases often benefit most from legal expertise.
"For cause" terminations have a very high legal threshold in Ontario. Many employers claim cause but can't legally prove it. If you were terminated for cause without severance, you should definitely consult a lawyer - you may still be entitled to full severance pay.
The Process & Costs
Employment lawyers often work on contingency for wrongful dismissal cases - they take a percentage (typically 25-35%) of what they recover for you. This means no upfront costs and you only pay if they win. Some also offer flat fees or hourly rates depending on the situation.
During the free consultation, the lawyer will review your situation, explain your legal rights and options, assess the strength of your case, estimate your potential entitlements, and explain their fee structure. You'll have a clear picture of whether proceeding makes sense.
Many severance negotiations are resolved within weeks through negotiation. If a matter proceeds to litigation, it can take several months to over a year. Most cases settle without going to trial, and your lawyer will work to resolve your matter as efficiently as possible.
Helpful documents include: your employment contract, the termination letter, any severance offer you received, recent pay stubs, and any correspondence with your employer. Don't worry if you don't have everything - a lawyer can still assess your situation.