Wrongful Dismissal Lawyer

One of Max’s main focuses as an employment lawyer is Wrongful Dismissal matters.

Being let go from your job can be an emotionally draining and stressful experience. It often feels like your employer has all the power in such a situation, especially when it comes to any severance offer they may have put forward. You may feel that you have little choice but to accept their terms.

However, employees in Ontario have significant rights, arising from both legislation (i.e. the Employment Standards Act) and the Common Law (judge-made law found in court decisions). This includes the right to reasonable notice of termination, or severance pay instead of notice.

Almost every employee in Ontario who is dismissed without cause is entitled to at least the minimum statutory notice/termination pay described in the Employment Standards Act. This cannot be contracted out of. This form of termination pay begins at one (1) weeks’ pay once you have been employed for at least 90 days, and tops out at eight (8) weeks’ pay after an employee has worked for at least 8 years (one weeks’ termination pay/notice per year of service).

However, many employees will also have entitlement under the “Common Law” to a much more lucrative form of severance pay and/or notice called Common Law Reasonable Notice. In the absence of a valid employment contract with a well-drafted termination clause, non-unionized Ontario employees who have been terminated without cause (meaning, without a legitimate reason for being fired) have entitlement to potentially much larger amounts of severance.

The amount of Common Law severance/notice employees are entitled to depends on a variety of factors including the age of the terminated employee, their length of service, the role/responsibilities of the employee, and the state of the market for comparable jobs.

In general, Ontario courts have tended to award a minimum of 1.5 months’ severance pay for even the most short term, entry level employees, and, in some exceptional cases, have awarded as much as 30 months’ of severance pay for the most senior and specialized of employees. Accordingly, for both employees and employers, it can seriously pay off to understand the rights and entitlements of Ontario employees upon termination of employment, particularly under the Common Law.

One of the best ways to protect your interests is by consulting with an employment lawyer who focuses on Wrongful Dismissal matters and receiving legal advice on your specific situation.

Recognizing the economic disadvantage between employees and employers, Limestone Law offers free 30-minute consultations to non-unionized employees who have been terminated from their jobs and are looking for advice on their rights.