Employment Lawyer in Hamilton: Severance, Termination & Workplace Rights

Do not sign anything. Request a copy of your termination letter, severance offer, and the release the employer wants you to sign. Then organize your employment contract, recent pay stubs, and any performance records. Contact an employment lawyer to review the package before you accept it or sign a release. The first few days are critical because the employer may set a short deadline for acceptance, but you are entitled to seek legal advice.

No. The Employment Standards Act provides a statutory minimum, but the common law often entitles employees to significantly more. Common-law reasonable notice is based on the Bardal factors: age, length of service, character of employment, and availability of similar work. A long-service, senior employee in a specialized role may be entitled to 18–24 months or more, while the ESA cap is 26 weeks. Your employment contract may also contain a termination clause that attempts to limit your entitlement, but such clauses are often unenforceable if they violate the ESA.

Possibly. Just cause is a high legal threshold in Ontario. The employer must prove serious misconduct, such as theft, fraud, or gross insubordination, that makes the employment relationship impossible to continue. Many terminations labeled as for cause do not meet this test. A lawyer can review the allegations, the employer's investigation, and your employment history to determine whether the cause assertion is valid. If it is not, you may be entitled to full severance.

Constructive dismissal occurs when an employer makes a fundamental, unilateral change to a key term of your employment—such as a significant pay cut, demotion, or relocation—without your consent. It can also arise from a poisoned work environment due to harassment. If you have been forced to resign because of such changes, you may have a claim for severance as if you were terminated. You should speak with a lawyer before resigning, as the timing and manner of your departure can affect your claim.

An employer can terminate an employee on medical leave, but the termination must not be because of the leave or the underlying disability. If the termination is connected to your medical condition, you may have a claim for discrimination under the Ontario Human Rights Code in addition to a wrongful dismissal claim. A lawyer can review the timing and the employer's reasons to determine if human rights damages are available.

A release is a legal document in which you agree to give up all claims against your employer in exchange for the severance payment. Once signed, it is generally binding and prevents you from suing for wrongful dismissal, human rights violations, or any other employment-related claim. Releases often contain broad language that waives more than you intend. A lawyer can review the release, explain what rights you are giving up, and negotiate for better terms or a higher payment before you sign.

Ontario courts generally do not enforce non-compete clauses unless they are reasonable in scope, geography, and duration, and the employer has a proprietary interest that requires protection. In 2021, Ontario also passed legislation prohibiting non-compete agreements for most employees, with limited exceptions for executives and business sales. A lawyer can review your specific clause and advise on its enforceability. Non-solicitation and confidentiality clauses are more likely to be upheld if they are reasonable.

The basic limitation period for a civil wrongful dismissal claim is two years from the date you discovered the claim under the Limitations Act, 2002. However, other deadlines may apply: an ESA complaint must generally be filed within two years of the violation, and a Human Rights Tribunal of Ontario application must be filed within one year of the last incident of discrimination. These deadlines are strict, and missing them can bar your claim. You should seek legal advice as soon as possible after a termination or workplace incident.

Yes. Ontario employment law is provincial, not municipal. The legal principles governing your severance, contract, and human rights are the same across the province. UL Lawyers regularly assists clients in Hamilton, Burlington, and the surrounding region through virtual consultations and electronic document review. The first step is a discussion of your situation and a review of your documents, which can be done remotely. If an in-person meeting or court appearance is required, we will advise you on the logistics.