Employment Lawyer
Ottawa , Ontario

You may have been wrongfully dismissed if your employer fired you without proper severance, terminated you for illegal reasons (like discrimination), or made your job unbearable forcing you to quit. Common signs include receiving inadequate severance (just a few weeks when you deserve months), being fired during medical or pregnancy leave, termination after complaining about harassment, or drastic unwanted changes to your job duties or pay. If you worked several years and received minimal compensation, or were fired "for cause" without clear proof of serious misconduct, you likely have a wrongful dismissal claim. Contact with us for a free consultation to review your situation.

Your severance depends on your age, length of service, position, and how difficult it will be to find similar work. The Employment Standards Act provides minimums (up to 8 weeks for 8+ years), but most employees are entitled to common law severance—typically much more. As a rough guide: 5 years of work often means 4-8 months of pay, 10 years means 10-15 months, and 15+ years can mean 15-24 months or more. Senior employees and older workers typically receive more. If your employer offered only a few weeks but you worked several years, their offer is likely inadequate. We can calculate your true entitlement based on your specific circumstances.

No. Never sign a release without having it reviewed by an employment lawyer first. Once you sign, you give up your right to negotiate better severance or pursue legal claims. Employers often pressure employees to sign quickly or claim the offer expires soon, but you're entitled to reasonable time to review. Most initial severance offers are negotiable—employees who have lawyers review their packages often receive significantly more compensation. Even if the deadline passes, employers usually extend offers rather than face lawsuits. Take time to understand what you're signing away and whether the compensation is fair for your years of service.

To fire someone legally in Ontario, you must provide proper written notice of termination or pay in lieu of notice. Calculate severance based on the employee's age, length of service, and position—not just Employment Standards Act minimums. Review their employment contract to see if it validly limits severance. Avoid claiming "just cause" (firing without severance) unless you have clear evidence of serious misconduct like theft or fraud—poor performance doesn't qualify. Provide a professional termination letter, offer reasonable severance including continued benefits, and collect company property. For employees with 5+ years of service, senior staff, or anyone on protected leave, consult an employment lawyer before terminating to avoid costly wrongful dismissal claims.

The amount depends on whether you have a valid employment contract limiting severance and the employee's circumstances. Without a contract, you owe "reasonable notice" under common law—typically much more than ESA minimums. For example, an employee with 10 years of service might be entitled to 10-15 months of severance, not just 8 weeks. Factors include the employee's age (older workers get more), position (senior roles get more), length of service, and difficulty finding comparable work. ESA provides minimums (1 week per year up to 8 weeks maximum), but courts regularly award 12-24 months for long-service employees. Offering only ESA minimums without a valid contract guarantees a wrongful dismissal lawsuit. Consult with us to calculate proper severance and avoid expensive claims.