If your employer ended your job without just cause, you may be owed notice or pay in lieu, and sometimes severance, under both Ontario's Employment Standards Act and the common law. The amount offered in a first termination letter is often less than what the law provides.
Do not sign a release or the offered package until you have had it reviewed.
What you may be entitled to
The Employment Standards Act sets minimums. After three months of employment, notice of termination increases with service, up to eight weeks. Employees with five or more years of service at an employer with a payroll of $2.5 million or more may also be owed severance pay.
Beyond the minimums, the common law can give a longer period of reasonable notice. Courts look at your age, length of service, the type of work and how easy it will be to find similar work. Contracts with termination clauses that breach the Act can be unenforceable, which can open the way to reasonable notice.
Just cause is a high bar
Employers sometimes allege cause to avoid paying anything. In Ontario, cause is difficult to prove. Poor performance alone usually is not enough. If you were terminated for cause, get advice before you accept it.
Time limits
The usual limitation period to start a civil claim in Ontario is two years, and employment standards complaints also have time limits. Waiting can cost you leverage and evidence, so speak to a lawyer promptly.
Constructive dismissal
You may also have been dismissed without being fired, for example if your employer made a major unilateral change to your pay, hours, duties or reporting. Do not resign or accept the change before speaking to a lawyer.
Gather before you meet a lawyer
- Employment contract, offer letter and any amendments
- Termination letter and any package or release you were offered
- Recent pay stubs and details of bonus, commission, stock or benefits
- Start date, job title history and age
- Performance reviews, awards and any warnings you received
- Record of Employment and any emails about the termination
Frequently asked questions
Should I sign the severance package?
Not before it has been reviewed. Signing a release usually ends your right to claim more, and offers are often below what the law provides.
Can I be fired during probation without notice?
Under the Employment Standards Act, termination in the first three months does not require notice, but human rights protections still apply, and the contract may add to it.
How much does it cost to challenge a dismissal?
It depends on the case. We can explain the options at an initial consultation, including how the claim may be resolved without a trial.
Last updated: .This page is general information about Ontario law, not legal advice. Every situation is different; speak to a lawyer about yours.