Wrongful Dismissal
Zayouna Law Firm acts for dismissed employees across Ontario. If the notice you were given fell short of what the law required, that shortfall is recoverable.
Most terminations are lawful. The notice often is not.
In Ontario an employer can end your employment at almost any time and does not have to give a reason. What the law requires is notice, or pay in place of it. A wrongful dismissal claim is not an argument about whether the employer was allowed to let you go. It is a claim that the amount paid on the way out fell short of what was owed, whether that shortfall is a few weeks of statutory notice or many months of common law reasonable notice.
The exception is dismissal for just cause, where an employer alleges misconduct serious enough to end the relationship with no notice at all. Employers assert cause considerably more often than courts accept it. An allegation that does not hold up does not simply fade away, it leaves the employer owing the full notice it tried to avoid.
YOU DESERVE TO BE TREATED FAIRLY
With cause and without cause dismissals
A without cause dismissal is the ordinary case. The employer owes statutory notice under the Employment Standards Act, statutory severance pay where it applies, and in most cases common law reasonable notice, which is assessed on your age, length of service, position and how long a comparable role should take to find.
A with cause dismissal pays nothing, so the bar is deliberately high. Poor performance, one bad decision or a personality conflict rarely reaches it, and the employer carries the burden of proving what it alleges. Being dismissed while on long term disability raises a separate question again, because the coverage and the claim have to be dealt with together.
WHAT A DISMISSAL CLAIM CAN RECOVER
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What a wrongful dismissal claim is built on
A dismissal claim is won on documents more than on recollection, and the documents are easiest to gather in the first weeks while you still have access to them. Before the first meeting with a lawyer, assemble the paper trail that shows what you were promised, what you were paid, and what the employer said on the way out.
- Your employment agreement, offer letter, and every signed amendment or promotion letter
- The termination letter and the full severance offer, including its signing deadline
- Pay records showing base salary, bonus history, commission statements, benefits and pension contributions
- Performance reviews and any discipline
- A dated record of your job search from the termination date onward
A Ministry claim or a court claim?
Two routes exist and they are not additive. A complaint to the Ministry of Labour enforces Employment Standards Act minimums, costs nothing and does not need a lawyer. A civil claim pursues common law notice, which is usually the larger amount. Filing the Ministry complaint can bar a court claim for the same entitlement, so if statutory minimums are all that is in dispute the free route may serve you better. Apply for Employment Insurance either way, since a severance settlement can affect when benefits start but rarely whether you qualify.
When your employer alleges just cause
An allegation of cause puts the burden of proof on the employer. The employer has to prove the misconduct, show that dismissal was a proportionate response, and show it did not condone the conduct by carrying on as normal. Under the Employment Standards Act the standard is wilful misconduct, which is higher again than common law just cause.
How long do you have to sue?
A wrongful dismissal claim generally has to be started within two years of the termination date under the Limitations Act, 2002. Two years sounds generous and it disappears quickly, because most of that period is spent negotiating. Waiting also weakens the file, since colleagues move on and the employer’s records of what happened get thinner.
Our Wrongful Dismissal Experience
Dismissal claims are led by Samiya Ahmad, who negotiates them and litigates where the employer will not move. Book a free consultation.
Results
Most dismissal files settle before trial, because a documented demand backed by a credible claim usually costs an employer less to resolve than to defend.
Relationships
You deal with the lawyer handling your file, which matters in a dismissal because the facts that decide it are the ones you can only explain in a conversation. The firm works in several languages, with interpreters available.
Recovery
A dismissal claim is meant to restore the income and coverage you lost, on a timeline that still lines up with finding your next role.
Service Areas
Wrongful Dismissal Etobicoke
Dismissal claims for Etobicoke employees, handled from the firm’s Four Seasons Place office in Etobicoke.
Wrongful Dismissal Toronto
Wrongful dismissal claims against Toronto employers, from head office roles to hourly positions.
Wrongful Dismissal Burlington
Dismissal claims for Burlington and Halton employees, handled from the Ironstone Drive office.
Wrongful Dismissal Brampton
Dismissal claims for Brampton employees, including long service warehouse and transport roles.
Wrongful Dismissal Mississauga
Dismissal claims for Mississauga employees, including corporate restructurings and layoffs.
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Common Questions About Wrongful Dismissal
What is wrongful dismissal in Ontario?
Wrongful dismissal means being let go without the notice the law required, not being let go unfairly. An Ontario employer can dismiss without giving a reason, provided it pays statutory notice, statutory severance pay where it applies, and common law reasonable notice. A claim seeks the difference between what was paid and what was owed.
Can I sue my employer for wrongful dismissal?
Yes, if you were dismissed without adequate notice and have not already signed a release or filed a Ministry of Labour complaint for the same entitlement.
How much compensation can you get for wrongful dismissal?
It depends on the reasonable notice period, which is assessed on age, service, position and job market. No responsible lawyer will quote a figure before reading your agreement and pay records.
What counts as just cause for dismissal in Ontario?
Misconduct serious enough that the employment relationship can’t continue, such as theft, fraud or a serious safety breach. Performance problems and isolated errors rarely qualify.
Are wrongful dismissal settlements taxable in Canada?
Amounts that stand in for lost employment income are taxable. General damages and legal costs can be treated differently, so how a settlement is allocated matters.
How long do I have to file a wrongful dismissal claim?
Generally two years from the termination date. A Ministry of Labour complaint has its own two year window, and choosing one route can close the other.
SPEAK WITH AN EMPLOYMENT LAWYER TODAY
If you are facing wrongful dismissal, workplace harassment, or another employment dispute, our employment lawyers help individuals across Ontario understand their rights and pursue fair outcomes.