Wrongful dismissal happens when your employer fires you illegally or doesn’t pay you proper severance. In Ontario, employers can fire you without a reason, but they must pay you correctly or follow proper legal procedures.
Not every termination is legal. Here are the key signs that your firing may have been wrongful under Ontario law.
Checklist: Signs You Were Wrongfully Dismissed
01. You Received Inadequate Severance
Sign: Your employer offered you only a few weeks of pay, or nothing at all.
Why it matters: Most employees are entitled to months of severance, not just weeks. If you received less than 2-3 months for every year worked (rough estimate), your severance is likely too low.
Example: You worked 10 years and got 8 weeks of pay. You probably deserve 10-15 months.
02. You Were Fired "For Cause" Without Proof
Sign: Your employer said you were fired for serious misconduct but didn’t have clear evidence.
Why it matters: Firing “for cause” (without severance) requires proof of theft, fraud, violence, or serious wrongdoing. Poor performance doesn’t count.
Example: They claimed you weren’t meeting targets, but you never received written warnings or performance reviews showing this.
03. You Were Fired During or After Protected Leave
Sign: You were terminated while on medical leave, pregnancy leave, or shortly after returning from these leaves.
Why it matters: Firing someone on protected leave or right after they return is illegal unless the employer can prove it had nothing to do with the leave.
Example: You were fired two weeks after returning from maternity leave for “restructuring.”
04. You Were Fired After Complaining About Discrimination or Harassment
Sign: You filed a complaint about harassment, discrimination, or unsafe work conditions, and then were terminated.
Why it matters: This is called “reprisal” and it’s illegal. Employers cannot punish you for asserting your rights.
Example: You reported sexual harassment to HR, and a month later you were fired for “performance issues.”
05. Your Job Changed Drastically and You Quit
Sign: Your employer changed your pay, hours, location, or duties so much that you felt forced to resign.
Why it matters: This is “constructive dismissal.” If changes are significant enough, you can treat it as being fired and claim severance.
Example: They cut your salary by 30%, moved you to a different city, or demoted you without your agreement.
06. You Were Fired for Discriminatory Reasons
Sign: The termination seemed connected to your age, gender, race, disability, religion, pregnancy, or other protected characteristics.
Why it matters: Discrimination is illegal under human rights law, even if the employer doesn’t admit it.
Example: You’re 55 and were fired during “restructuring,” but they replaced you with a 30-year-old doing the same job.
07. You Never Signed an Employment Contract
Sign: You never had a written contract, or your contract doesn’t mention termination or severance.
Why it matters: Without a valid contract limiting severance, you’re entitled to common law severance—typically much more than ESA minimums.
Example: You worked on a handshake agreement for 8 years. You’re probably owed 8-12 months of pay, not 8 weeks.
08. Your Employer Gave You Contradictory Reasons
Sign: The termination letter said “position eliminated,” but later they said it was “poor performance.”
Why it matters: Changing stories suggest the real reason may have been illegal. Courts view this negatively.
Example: Your letter says “restructuring” but in a meeting they mentioned your recent medical leave.
09. You Were Fired Shortly After Being Hired
Sign: You left a secure job to join this company based on their promises, but they fired you within months.
Why it matters: If you were “induced” to leave a good job with false promises, you may be entitled to damages for relying on those promises.
Example: They promised job security and growth opportunities, but fired you after 6 months.
10. You Received No Written Notice or Explanation
Sign: You were fired verbally with no written termination letter or proper severance offer.
Why it matters: Employers must provide written notice or pay. Lack of documentation often means they’re trying to avoid paying proper severance.
Example: Your manager told you to leave immediately and said they’d “figure out the details later.”
What to Do If You See These Signs
If one or more of these indicators apply to you, you may have a wrongful dismissal claim:
1. Don’t sign anything your employer gives you, especially release forms
2. Gather your documents: employment contract, termination letter, pay stubs, performance reviews
3. Write down what happened: dates, conversations, witnesses
4. Contact an employment lawyer for a free consultation
5. Act quickly: You have 2 years to file a claim in Ontario
How Much Could You Be Owed?
The amount depends on:
- How long you worked there
- Your age
- Your position
- How easy it is to find a similar job
Rough estimates:
- 5 years of work: 4-8 months of pay
- 10 years of work: 10-15 months of pay
- 15+ years of work: 15-24 months of pay
These are just estimates. Many employees receive more, especially if the employer acted badly.
Common Myths About Wrongful Dismissal
Myth: “They can fire me for any reason.”
Truth: They can fire you without a reason, but they must pay you properly.
Myth: “I’m only entitled to 1 week per year worked.”
Truth: That’s the ESA minimum. Most people deserve much more under common law.
Myth: “If I was fired for cause, I get nothing.”
Truth: Most “for cause” firings don’t actually meet the legal test. You may still be entitled to full severance.
Myth: “I signed a contract so I can’t do anything.”
Truth: Many employment contracts have illegal clauses that courts won’t enforce.
Take Action
If you recognize these signs in your situation, you may be entitled to significantly more severance than your employer offered.
Most wrongful dismissal cases are handled on contingency—you only pay if you win. Get a consultation from us to know your rights.
