Quick answer
What you need to know first
A Burlington employment lawyer at UL Lawyers can review your termination documents, calculate your potential severance under both ESA minimums and common-law reasonable notice, assess whether a for-cause allegation is defensible, and advise on deadlines, negotiation strategy, and next steps—all during a free initial consultation.
What to do immediately after a termination in Burlington
The period right after termination is critical. Employers often pressure employees to accept a severance offer quickly, sometimes with a deadline attached. Before you sign any release or cash a cheque, you need to know whether the package reflects your full legal entitlements. UL Lawyers helps Burlington employees pause, gather the right documents, and get an independent legal opinion on what their termination really means.
- Do not sign a release or accept a severance offer until a lawyer reviews it
- Request a copy of your employment contract, termination letter, and any severance proposal
- Document the timeline: date of hire, termination date, and any performance or disciplinary history
- Avoid giving a recorded statement or written response to the employer without legal advice
- Contact UL Lawyers for a free consultation to identify your deadlines and options
Severance packages: ESA minimums vs. common-law reasonable notice
Many Burlington employees assume their severance entitlement is limited to the minimums set out in Ontario’s Employment Standards Act, 2000. In reality, unless your employment contract validly limits you to ESA minimums, you may be entitled to common-law reasonable notice—which is often significantly more. UL Lawyers reviews your contract language, your length of service, your age, your position, and the circumstances of your departure to calculate a realistic severance range and negotiate for what you’re actually owed.
- ESA minimums: up to 8 weeks of termination pay and up to 26 weeks of severance pay, depending on payroll and years of service
- Common-law notice: can range from a few months to 24 months or more, based on the Bardal factors (age, tenure, character of employment, availability of similar work)
- Contractual limits: we review whether your employment contract contains a valid termination clause that restricts you to ESA minimums
- Bonus, commission, and benefits continuation: common-law notice often includes the value of lost bonuses, commissions, and benefits during the notice period
- Release review: we identify overly broad releases, non-disparagement clauses, and restrictive covenants that may harm your future employment
Termination for cause: when your employer denies you severance
Employers sometimes allege just cause to avoid paying any severance at all. Under Ontario law, just cause is a high threshold—it requires serious misconduct, such as theft, fraud, insubordination, or persistent neglect of duty, that fundamentally breaks the employment relationship. If your employer has accused you of misconduct and is refusing to pay severance, UL Lawyers can assess whether the allegation meets the legal test for cause and advise you on challenging the denial.
- Review the employer’s allegations and any investigation report or disciplinary record
- Assess whether the conduct, even if proven, meets the legal test for just cause under Ontario common law
- Determine whether the employer followed a fair investigation process and gave you an opportunity to respond
- Advise on a demand letter, negotiation, or wrongful dismissal claim if cause is not defensible
- Protect your reputation and future employment references during the dispute
Constructive dismissal: when you’re forced to resign
Not all terminations come with a formal letter. If your employer has unilaterally and substantially changed a fundamental term of your employment—such as cutting your pay, demoting you, changing your hours, relocating you without agreement, or creating a hostile work environment—you may have been constructively dismissed. UL Lawyers helps Burlington employees recognize constructive dismissal, document the changes, and decide whether to treat the employment relationship as ended and pursue severance.
- Identify whether the employer’s change is a fundamental breach of the employment contract
- Advise on whether you must continue working under protest or can treat the employment as terminated
- Document the timeline of changes, your objections, and the employer’s responses
- Calculate the severance you may be owed if you resign in response to constructive dismissal
- Avoid the risk of the employer claiming you voluntarily resigned without cause
Employment contracts, non-competes, and restrictive covenants
The employment contract you signed—sometimes years ago—can have a huge impact on your rights today. A poorly drafted termination clause may be unenforceable, opening the door to common-law notice. A non-compete or non-solicitation clause may restrict where you can work next. UL Lawyers reviews your contract to identify clauses that limit your severance, your ability to compete, or your post-employment obligations, and advises on whether those clauses are legally enforceable in Ontario.
- Review termination clauses for compliance with ESA minimums and Ontario case law
- Assess non-compete, non-solicitation, and confidentiality clauses for enforceability
- Identify any probationary, fixed-term, or independent contractor misclassification issues
- Advise on negotiating contract terms before you sign a new employment agreement
- Explain the risks of breaching a restrictive covenant and the potential for injunctive relief
Workplace harassment, discrimination, and human rights claims
If you’ve experienced harassment, discrimination, or a failure to accommodate a disability or medical condition in your Burlington workplace, you may have rights under the Ontario Human Rights Code and your employer’s own policies. UL Lawyers can advise on filing a human rights application, negotiating a departure package that includes compensation for injury to dignity, and addressing reprisals or a poisoned work environment.
- Assess whether the treatment meets the legal definition of harassment or discrimination under the Ontario Human Rights Code
- Advise on internal complaint procedures, investigations, and employer obligations to provide a safe workplace
- Explain the option of filing an application with the Human Rights Tribunal of Ontario (HRTO)
- Negotiate a separation package that includes general damages for human rights violations
- Address medical leave, return-to-work accommodation, and employer reprisals for asserting your rights
Deadlines and limitation periods in Ontario employment law
Employment law claims are subject to strict deadlines. Under the Limitations Act, 2002, most civil claims—including wrongful dismissal—must be commenced within two years of the date the claim was discovered. ESA complaints to the Ministry of Labour have their own timelines. Human rights applications to the HRTO generally must be filed within one year of the last incident of discrimination. UL Lawyers helps you identify which deadlines apply to your situation so you don’t lose your right to pursue a claim.
- Two-year basic limitation period for wrongful dismissal and most civil employment claims under the Limitations Act, 2002
- ESA complaint deadlines: generally within two years of the alleged violation, but earlier deadlines may apply for certain claims
- Human Rights Tribunal of Ontario: one-year limitation period from the date of the last alleged incident of discrimination
- Contractual notice periods or internal appeal deadlines that may shorten your time to act
- The importance of not delaying: evidence deteriorates, witnesses move, and employers may restructure
How UL Lawyers helps Burlington employees move forward
Every employment file is different, but the process UL Lawyers follows is designed to give you clarity, protect your rights, and pursue a fair resolution—whether through negotiation, a demand letter, or litigation. We start by reviewing your documents, identifying your legal options, and explaining the practical risks and benefits of each path. Our goal is to help you make an informed decision and, where possible, resolve the matter without the cost and delay of a trial.
- Document review: contract, termination letter, severance offer, correspondence, and policies
- Severance calculation: ESA minimums, common-law range, and contract-specific analysis
- Strategy session: negotiation, demand letter, mediation, or litigation—what fits your goals and budget
- Advocacy: representation in negotiations, at the Ministry of Labour, the HRTO, or in Ontario courts
- Burlington accessibility: meet with us locally or consult virtually from anywhere in Halton, Peel, or the GTA
Related paths
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Before you sign
Employment contract review
Review termination clauses, bonus language, restrictive covenants, probation, and new-offer risk.
Read moreDismissal
Termination for cause
Challenge a just-cause allegation before it damages severance, references, or reputation.
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Ontario severance calculator
Estimate ESA minimums and a rough common-law notice range before accepting a package.
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Constructive dismissal evidence
Understand what proof matters when pay, role, hours, location, or working conditions change.
Read moreHRTO
Human rights complaints
Connect workplace harassment, discrimination, accommodation, and reprisal issues to the right forum.
Read moreAccommodation
Fired while on medical leave
Review the overlap between termination, disability accommodation, LTD, and human rights remedies.
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Use this path when termination overlaps with disability leave, benefits, or insurer pressure.
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Book a consultationFAQ
Frequently asked questions
Not before a lawyer reviews it. Once you sign a release, you typically give up your right to pursue further compensation—even if the offer is far below what you’re legally entitled to. UL Lawyers can review your package, often on short notice, and advise whether it’s fair or should be negotiated.
It depends on your age, length of service, position, and the terms of your employment contract. ESA minimums provide a floor, but common-law reasonable notice can be much higher—sometimes 18 to 24 months’ worth of pay and benefits. A lawyer can calculate a realistic range based on your specific facts.
Yes. Just cause is a high legal bar. Employers must prove serious misconduct that fundamentally breaks the employment relationship. If the allegation is weak, exaggerated, or based on a single incident, you may still be entitled to full severance. UL Lawyers can assess the evidence and advise on your options.
Termination clauses that try to limit you to ESA minimums are often unenforceable if they are poorly drafted or contravene the ESA. Ontario courts have struck down many such clauses. UL Lawyers can review your contract to determine whether the limitation clause is valid or whether you can claim common-law notice.
A unilateral, fundamental change to your employment terms may amount to constructive dismissal, entitling you to treat the employment as terminated and seek severance. You should document the changes and speak with a lawyer before resigning, as the steps you take can affect your claim.
Generally, you have two years from the date of termination to commence a wrongful dismissal claim under the Limitations Act, 2002. However, other deadlines—such as those under the ESA or for human rights claims—may be shorter. It’s important to get legal advice early to preserve all your rights.
Yes. Ontario employment law applies to employees who perform work in Ontario, regardless of where the employer is headquartered. UL Lawyers regularly assists Burlington employees whose employers are based in Toronto, Mississauga, elsewhere in the GTA, or even outside Ontario. We can advise on jurisdiction and the proper forum for your claim.
During the consultation, UL Lawyers reviews your key documents—termination letter, employment contract, severance offer—and provides a preliminary assessment of your legal position, potential severance range, deadlines, and next steps. It’s an opportunity to understand your rights and decide whether to retain us, with no obligation.
You can work with any Ontario-licensed employment lawyer. UL Lawyers offers the convenience of local familiarity with Burlington and Halton Region while also providing virtual consultations across Ontario. The substantive law is the same, but having a lawyer who understands the local courts and community can be an advantage.