Your Guide to Unjust Termination Lawyers in Ontario

If you’ve just been fired in Ontario, it’s completely normal to feel overwhelmed and unsure of what to do next. But it’s crucial to understand your rights. This is where unjust termination lawyers come in—they exist to make sure you get fair compensation when an employer ends your job improperly.

A key point to remember in Canada: being fired ‘without cause’ doesn’t mean your employer can just walk away. It simply means they have a legal obligation to provide you with an adequate severance package.

What Exactly Is Unjust Termination in Ontario?

Losing your job is disorienting, and it’s even more stressful when the reasons feel unfair or aren’t clear. So many people in Ontario think that if their boss has any reason for letting them go, they have no legal options. This is a common and often costly mistake.

The reality of Canadian employment law is much more nuanced. People often use the term unjust termination as a catch-all, but it’s most closely related to wrongful dismissal. This doesn’t mean your employer’s reason for firing you was morally wrong. More often than not, it means they failed to meet their legal financial obligations to you when they let you go.

A wrongful dismissal happens when an employer doesn’t provide enough notice before termination, or they fail to offer adequate pay in place of that notice (severance).

Think of your job as a contract, even if you never signed a detailed document. A core part of that agreement is the employer’s duty to give you a fair heads-up or proper compensation if they decide to end things without a very serious reason (what the law calls “just cause”).

Your Rights in a Without-Cause Termination

In Ontario, an employer can legally fire an employee at any time for almost any reason, as long as it’s not discriminatory. This is called a without-cause termination. But this right comes with a major string attached: they must provide fair severance.

What you’re entitled to comes from two main places:

• Statutory Minimums: These are the bare minimums set out by Ontario’s Employment Standards Act, 2000 (ESA).
• Common Law: This is where an unjust termination lawyer can make a world of difference. The courts have consistently ruled that most employees are owed far more severance than the ESA minimums. This amount is based on factors like your age, the type of job you had, and how long you worked there.

Many employers will only offer the statutory minimum, hoping you’ll accept it and move on. An experienced lawyer can look at your specific circumstances and fight for the full common law severance you’re actually owed—which can be a substantial amount more than that first offer.

To protect your financial stability after a job loss, the first step is understanding what you’re entitled to. You can find more details in our comprehensive guide to what wrongful dismissal is in Ontario.

What Kind of Termination Was It, Really?

When you lose your job, the legal terms thrown around can be confusing. But getting to the bottom of how you were let go is the first, most critical step in understanding your rights. In the eyes of the law, not all terminations are created equal, and figuring out which box you fit into is the key to building a strong case.

The type of dismissal determines everything that comes next—the legal tests we have to meet, the arguments we can make, and the remedies available to you. Let’s break down the three main categories you might encounter in Ontario.

Wrongful Dismissal: The Most Common Claim

Most of the calls we get from people who’ve lost their jobs fall into this category. The term “wrongful dismissal” can be misleading. It doesn’t necessarily mean your employer was morally wrong or that their reason for firing you was unfair.

It simply means your employer breached your employment contract. And yes, you have a contract, even if you never signed a piece of paper. The breach happens when your employer ends your employment “without cause” but fails to give you one of two things: proper notice that your job is ending, or enough pay in lieu of that notice (what most people call severance).

In Ontario, an employer can fire you for almost any reason, as long as it’s not discriminatory. But they have to pay for that privilege. That payment is your financial bridge to help you land your next role.

Constructive Dismissal: The “Forced Quit”

Constructive dismissal is a bit more subtle. This is when your employer doesn’t actually say, “You’re fired.” Instead, they fundamentally change the core of your job in a negative way, making your work life so unbearable that you’re left with no real choice but to resign.

What does that look like in the real world? It could be any number of things.

• A significant pay cut or a drastic change to your bonus structure.
• A major demotion, stripping you of your title and key responsibilities.
• A toxic work environment filled with harassment or bullying that management refuses to fix.
• A forced relocation to another city or an office that’s an unreasonable commute away.

Think of it like this: your employer can’t just rip up the rulebook you both agreed to when you started your job and force you to accept a completely different deal. If they try, the law may view it as a termination, which means you could be owed a full severance package.

Want to go deeper? You can learn more about what is considered constructive dismissal in Ontario in our detailed guide.

Statutory Unjust Dismissal: A Federal Shield

This one is unique. A claim for “unjust dismissal” is a special protection that only applies to a specific group: non-unionized, non-managerial employees working in federally regulated industries. We’re talking about sectors like banking, telecommunications, and cross-province transportation.

Under the Canada Labour Code, if you have at least 12 consecutive months of service in one of these industries, your employer can only fire you for “just cause.” If they let you go without cause, it’s automatically considered an “unjust dismissal.” This gives you powerful options not available to most employees in Ontario, including the right to ask for your job back or, alternatively, financial compensation.

To make it easier to see how these claims stack up, let’s compare them side-by-side.

Key Differences in Ontario Termination Claims

This table gives a quick overview of the core features of each type of termination claim.

Claim Type	Who It Applies To	Core Issue	Primary Remedy
Wrongful Dismissal	Most provincially regulated employees in Ontario	Failure to provide adequate common law notice or severance pay.	Financial compensation (severance).
Constructive Dismissal	All employees in Ontario	A fundamental, negative change to the employment contract.	Financial compensation (severance).
Statutory Unjust Dismissal	Federally regulated employees (non-managerial)	Termination without just cause.	Reinstatement to the job or financial compensation.

As you can see, the path forward depends entirely on the specifics of your situation.

Knowing which route to take is the foundation of a successful legal claim. An experienced unjust termination lawyer can dig into the details of what happened, identify the strongest legal argument, and build a strategy to get you the outcome you deserve.

Red Flags That Point to a Wrongful Dismissal Claim

It’s tough to think clearly in the stressful moments after losing your job. Was everything done by the book, or was something not quite right? While every termination is different, some common warning signs suggest you might have a wrongful dismissal claim. Speaking with an unjust termination lawyer is the best way to know for sure.

This decision tree can help you get a preliminary sense of what happened and how it might be categorized in the eyes of the law.

As you can see, the path branches depending on the circumstances. For instance, if your job was changed for the worse before you left, it might be a constructive dismissal. If you were fired outright without proper notice or pay, that points toward a wrongful dismissal.

The Timing and Context of Your Termination

Often, the biggest clues are found in the circumstances leading up to your dismissal. If the termination felt sudden, poorly explained, or just plain weirdly timed, it’s worth digging deeper. You should be especially wary if you were fired right after you exercised a legally protected right.

Here are a few specific scenarios that should set off alarm bells:

• Fired After a Protected Leave: Being let go shortly after returning from—or even while still on—maternity, parental, or disability leave is a massive red flag. These leaves are protected by Ontario’s Human Rights Code, and it’s illegal to fire someone for taking them.
• Terminated After Raising a Concern: Did your termination come on the heels of you reporting workplace harassment, flagging a health and safety violation, or asking questions about your pay? This could be reprisal, which is when an employer punishes you for asserting your legal rights. Ontario’s laws are designed to prevent exactly that.

The Severance Offer and Pressure Tactics

The way your employer presents your severance package can also be very telling. If they know the offer is inadequate, they might try to pressure you into signing it quickly before you have a chance to get a second opinion.

Never sign a severance offer or any termination paperwork on the spot. You have the right to take it all home and have a lawyer review it. An offer that “expires” in a day or two is almost always a pressure tactic, designed to stop you from finding out you’re entitled to more.

Another major signal is a termination for “just cause” that seems to be based on flimsy or trumped-up allegations. Proving just cause is incredibly difficult for employers; it’s reserved for only the most severe forms of employee misconduct. If the reasons given for your firing feel exaggerated or completely untrue, you should absolutely investigate further.

Likewise, significant negative changes to your role before you were let go are also key indicators. You can find out more by reading our guide on the signs of constructive dismissal. While these red flags don’t automatically guarantee a successful claim, they are strong signs that your termination deserves a professional legal review.

How Fair Severance Is Calculated in Ontario

When you’re let go, one of the first questions on your mind is, “What am I owed?” Most employers in Ontario will put a severance package on the table, but the real question is: is it a fair one? It’s not as simple as the old “one week per year” rule of thumb. In reality, your full entitlement is determined by two very different sets of rules.

First, there’s the absolute bare minimum, which is laid out in Ontario’s Employment Standards Act, 2000 (ESA). This law provides a rock-bottom safety net for termination and severance pay. It’s crucial to understand that this is not the final word. For most people, especially those with significant time on the job or in a senior position, the ESA amount is just a small piece of the puzzle.

Beyond the Minimums to Common Law Notice

This is where things get interesting—and where having an expert in your corner makes all the difference. The far more significant part of your severance comes from what the courts call “common law reasonable notice.” Think of this as a bridge. It’s the compensation Canadian courts have decided is fair to help you financially while you search for a new job that’s comparable to the one you lost.

Unlike the rigid formula of the ESA, common law notice is tailored to your specific situation. Courts use a well-established set of guidelines—often called the “Bardal factors”—to figure out what’s fair.

The Bardal factors aren’t just a simple checklist; they’re the building blocks for calculating fair severance in Canada. The court performs a holistic review of your circumstances to estimate how long it would reasonably take someone in your shoes to find a similar job.

The four key factors are:

• Age: It’s a reality that older employees can face more hurdles in finding a new role. The courts recognize this and generally award longer notice periods as a result.
• Length of Service: Your loyalty and dedication matter. The more years you’ve invested in a company, the more compensation you’re typically entitled to.
• Character of Employment: This really means your seniority and the nature of your job. A specialized senior manager’s job search will look very different from an entry-level employee’s, so their notice period is usually longer.
• Availability of Similar Employment: The health of the job market plays a big role. If you work in a highly specialized field with only a handful of potential employers, your notice period may be extended to reflect that reality.

The Difference in Practice

Let’s look at a real-world example. Picture a 55-year-old manager in Burlington who has been with their company for 15 years.

Under the ESA, they might only be entitled to 8 weeks of termination pay plus 15 weeks of severance pay. An employer’s first offer will often be based only on these statutory minimums.

But an unjust termination lawyer would immediately look to the common law. Given the manager’s age, long service, and senior role, a court could easily decide that 12 to 18 months of notice is appropriate. This wouldn’t just be base pay; it would cover their full compensation—salary, bonuses, benefits, and pension contributions—for that entire time. The final amount could be several times what the company initially offered.

You can get a clearer picture of your own potential entitlement by using our detailed severance pay calculator for Ontario.

This massive difference shows exactly why you should never sign off on a severance package without speaking to a lawyer first. An experienced professional can give you an accurate assessment of what you’re truly owed under common law and negotiate a settlement that fairly reflects your career and protects your financial stability.

What to Expect When Working With an Employment Lawyer

Losing your job is stressful enough. The thought of calling a lawyer on top of it all can feel overwhelming, but knowing what the process looks like can take a lot of the anxiety out of it. The whole point is to have a professional in your corner to protect your rights and get you the compensation you’re owed, without adding to your stress.

Your journey almost always begins with a consultation. This is your chance to lay out the facts—to tell your side of the story. You’ll want to bring your termination letter, employment contract, and any severance offer you received. This first conversation is all about getting an expert opinion on where you stand.

The Initial Steps and Legal Strategy

During that first meeting, your lawyer will dig into the details of your job and how it ended. They’ll ask about your role, how long you worked there, your age, and what you were earning. All of this information is crucial for calculating what you’re likely entitled to under common law—which, as we’ve discussed, is usually a lot more than the bare minimums set by statute. This calculation forms the bedrock of our strategy.

If your lawyer believes you have a solid wrongful dismissal claim, the very next step is usually sending a demand letter to your old employer. This isn’t just a simple letter; it’s a formal legal document that spells out the facts, explains precisely why their severance offer falls short, and puts a fair counter-offer on the table.

A demand letter is a powerful first move. It immediately signals to your former employer that you’re serious about your rights and have a lawyer ready to fight for them. More often than not, this is what brings them back to the negotiating table with a much better offer.

Honestly, this one step is often enough to kickstart real, productive talks. The objective is always to settle this efficiently, without you ever having to see the inside of a courtroom.

The Path to a Fair Resolution

Many people worry that fighting for their rights means getting dragged into a long, public, and expensive court battle. The good news? That’s rarely the case in Ontario. The reality is that well over 95% of wrongful dismissal cases settle out of court. Employers are just as motivated as you are to avoid the time, expense, and uncertainty of a trial. In complex legal matters, having a specialist is key; for instance, the involvement of medico legal experts in personal injury cases highlights the value of expert guidance across the legal field.

Most of these cases get resolved in one of two ways:

1. Direct Negotiation: Your lawyer talks directly with your former employer or their lawyer, going back and forth to hammer out a fair settlement package.
2. Mediation: This is a slightly more structured meeting where a neutral professional, a mediator, helps both sides find a middle ground and agree on a resolution.

Throughout this process, your legal team does the heavy lifting, shielding you from the stress of dealing with your ex-employer. Your lawyer is your advocate and your guide, focused on getting you a fair outcome with confidence and clarity. For more information on what to look for when choosing representation, you can learn more about our team of Toronto employment lawyers.

Common Questions After Being Fired

When you’ve just been let go, your mind is probably racing with urgent questions. It’s a stressful, confusing time. This section is designed to give you some straight answers to the most common concerns we hear from people in Ontario, giving you a bit of clarity as you figure out what to do next.

How Long Do I Have to Sue for Wrongful Dismissal?

This is one of the most time-sensitive questions, and the answer is crucial. In Ontario, you generally have a two-year deadline from the day your employment was officially terminated to file a lawsuit. This is called a limitation period.

While two years might sound like plenty of time, it’s not a good idea to wait. Evidence gets lost, people’s memories of events start to fade, and waiting too long can sometimes weaken your position. Getting in touch with an unjust termination lawyer early on is the best way to make sure your rights are protected right from the start.

Do I Have to Accept the First Severance Offer?

Absolutely not. In fact, you should never sign or accept a severance package without having an employment lawyer look it over first. That first offer is almost always the bare minimum your employer is legally required to give you under Ontario’s Employment Standards Act (ESA).

An employer’s first offer is just that—an offer. Think of it as the opening bid in a negotiation, not the final word. If you sign it without a proper review, you could be walking away from a significant amount of money you’re entitled to under common law.

A lawyer will calculate what you should actually be getting based on factors like your age, the type of job you had, and how long you were with the company. From there, they can negotiate a fair package that truly reflects your rights.

What If I Was Fired “For Cause”?

An employer has to meet an incredibly high legal standard to fire someone for “just cause” and not pay any severance. This is reserved for the most serious types of workplace misconduct—things like theft, major dishonesty, or outright insubordination. It’s not a label they can just slap on minor performance issues or a simple mistake.

If you’ve been fired “for cause” but you believe the reasons are overblown, unfair, or just plain false, you may have a very strong case for wrongful dismissal. This is exactly where an experienced lawyer can step in to challenge your former employer’s claims and fight for the severance you are owed.

Can an Employer Fire Me While I’m on Sick Leave?

No. It is illegal for an employer to fire you because you are on a protected leave, like sick leave, short-term disability (STD), or long-term disability (LTD). Terminating you for this reason is a clear violation of Ontario’s Human Rights Code, which protects people from being discriminated against because of a disability.

Getting terminated while you’re on medical leave, or even shortly after you get back, is a massive red flag. In a situation like this, you might have a human rights claim on top of a wrongful dismissal claim, which could result in additional damages. It is vital to get legal advice immediately if this has happened to you.

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Feeling unsure about your termination is completely normal, but you don’t have to go through it on your own. The experienced team at UL Lawyers is here to offer the clear guidance and strong advocacy you need. We help clients throughout the GTA and across Ontario, fighting to make sure they get the fair compensation they deserve.

Contact us for a free, no-obligation consultation to understand your rights and options. Learn more about how we can help you at ullaw.ca.