Wrongful Dismissal in Ontario: What To Do When You're Fired Without Cause

Wrongful dismissal occurs when an employer terminates an employee without providing adequate notice or pay in lieu of notice, as required by Ontario law. If you've been fired without cause in Ontario, you have legal rights that go beyond what your employer may have offered.

What Are Your Rights After Wrongful Dismissal?

Ontario employees are protected under two layers of law: the Employment Standards Act (ESA) and common law. The ESA sets minimum notice periods based on years of service — from 1 week after 3 months to 8 weeks after 8 or more years. However, common law entitles most employees to significantly more — often called "reasonable notice."

Reasonable notice under common law considers your age, length of service, position, and how easily you can find comparable employment. Senior employees with long tenure can be entitled to 1-2 months per year of service.

What Counts as Wrongful Dismissal in Ontario?

• Termination without proper notice or pay in lieu
• Being given only ESA minimums when you're entitled to more
• Termination after raising a workplace complaint
• Being fired while on medical leave
• Forced resignation after changes to your role

Steps to Take Immediately

1. Do not sign any severance agreement without consulting a lawyer first
2. Document everything — your termination meeting, what was said, and any written communications
3. Gather copies of your employment contract, pay stubs, and performance reviews
4. Apply for Employment Insurance (EI) right away — don't wait
5. Consult an employment lawyer within 2 weeks

How Much Are You Owed?

Severance calculations depend on your specific circumstances. A lawyer can review your situation and tell you if the package offered is fair. Many wrongful dismissal claims settle for 2-3 times what the employer initially offered.