Wrongful Dismissal
Get the compensation you deserve when your employer fails to provide adequate notice or severance.
What is Wrongful Dismissal?
Wrongful dismissal occurs when an employer terminates an employee without providing adequate notice or severance pay under the law. In Ontario, employees have rights to "reasonable notice" based on common law principles, which often exceed the minimums in the Employment Standards Act.
For tech professionals and other skilled employees, wrongful dismissal claims can result in significant compensation—often recovering months or even years of additional pay beyond the initial severance offer.
Signs You May Have Been Wrongfully Dismissed
Terminated without any notice or severance
Offered only minimum ESA severance (1-8 weeks)
Told you were terminated "for cause" without clear misconduct
Pressured to sign a release quickly
Given less severance than colleagues in similar situations
Not offered continuation of benefits during notice period
What You May Be Entitled To
The common law in Ontario recognizes that employees are entitled to "reasonable notice" of termination, which is typically much more generous than the Employment Standards Act minimums. Your entitlement depends on several factors:
Age - Older employees typically receive longer notice periods
Length of service - The longer you worked, the more notice you're owed
Position and seniority - Management and specialized roles often receive more
Availability of similar employment - Market conditions for your role
Your compensation package - Including base salary, bonuses, and benefits
Common Law vs. Employment Standards Act
ESA Minimums
- 1 week per year of service
- Maximum of 8 weeks
- Plus severance pay if eligible
- Often much less than you deserve
Common Law Entitlements
- Based on all relevant factors
- Can be 12-24+ months
- Includes bonuses and benefits
- What courts actually award
Industries We Specialize In
Our network of employment lawyers has particular expertise helping professionals in high-growth and high-compensation industries:
Technology & Software
Finance & Banking
Consulting
Healthcare
Legal
Engineering
Sales & Marketing
Management
Professional Services