What to Do If You’ve Been Wrongfully Dismissed in Ontario

Losing your job can be very upsetting, especially if you feel that you were fired unfairly. In Ontario, if you have been wrongfully dismissed, you do have rights and options to protect yourself.

If you believe you’ve been wrongfully dismissed, Agha Law offers free consultations and can help you understand your rights and next steps under Ontario employment law.

In this article, we will explain what wrongful dismissal means, how to know if it happened to you, and what steps you can take to deal with the situation.

What Is Wrongful Dismissal?

Wrongful dismissal happens when an employer fires an employee without giving them proper notice or pay instead of notice. In simple terms, if your boss fired you and didn’t follow the rules under your employment contract or Ontario’s labour laws, it could be a wrongful dismissal.

It is important to know that employers in Ontario have the right to fire employees. But they must do it the correct way by either:

giving enough notice of termination

paying you instead of giving notice (this is called termination pay)

If your employer fails to do this, they may be breaking the law.

Examples of Wrongful Dismissal

Here are some common examples of wrongful dismissal:

You were fired without notice or termination pay.
You were fired for a reason that is not allowed, such as discrimination based on your race, gender, age, religion, or disability.
You were forced to quit because your employer made your work life unbearable (this is called constructive dismissal).
You were fired for taking a protected leave, like pregnancy leave or sick leave.
You were fired for speaking up about unsafe work conditions or making a complaint.

How to Know If You Were Wrongfully Dismissed

Ask yourself the following questions:

Did I receive proper notice or termination pay?
If not, this could be wrongful dismissal.
Was I fired for an illegal reason?
If yes, this could be wrongful dismissal.
Was I treated badly so that I felt forced to resign?
This may be constructive dismissal.
Was I under contract that promised certain protections?
If your contract terms were broken, this could also be wrongful dismissal.

If you answer “yes” to any of these, it is a good idea to take action.

What Are My Rights?

In Ontario, your rights depend on two main things:

The Employment Standards Act (ESA): This is the basic law that protects most workers in Ontario. It says how much notice or pay you should get when you are fired.
Your employment contract: Some contracts offer more protection than the ESA. If your contract promises more notice or pay, the employer must follow the contract.

Minimum Notice Under the ESA:

If you have worked for your employer for at least 3 months, they must usually give you:

1 week of notice if you worked less than 1 year
2 weeks of notice if you worked 1-3 years
3 weeks of notice if you worked 3-4 years
… and so on (up to 8 weeks maximum).

You may also be entitled to severance pay if:

You worked for 5 or more years, and
The company has a payroll of $2.5 million or more.

Important:

Many employees are entitled to much more than just the minimum under the ESA. If your contract is silent or invalid, common law may apply, which could give you months of notice or pay, not just weeks.

Steps to Take If You’ve Been Wrongfully Dismissed

Stay Calm and Gather Information

First, take a deep breath. This is a difficult time, but staying calm will help you think clearly.

Then, gather key information:

Your termination letter (if you received one)
Your employment contract
Pay stubs and records of your earnings
Any emails or messages about your termination
Notes about any unusual treatment at work

Do Not Sign Anything Right Away

Employers may offer you a severance package and ask you to sign a release.
Do not sign anything until you get legal advice.
If you sign a release, you may give up your right to sue, even if you were wrongfully dismissed.

Contact an Employment Lawyer

One of the most important steps is to speak with an employment lawyer. Many offer a free consultation.

An employment lawyer can:

Tell you if you have a case
Explain what compensation you may be entitled to
Help you negotiate a better severance package
Represent you if you choose to take legal action

Remember, even if the employer followed the ESA, you may be owed more under common law.

File a Claim (if needed)

If your employer broke the ESA, you can:

File a claim with the Ministry of Labour
OR
Take legal action through the court system

Important: If you file a claim with the Ministry of Labour, you usually cannot sue for more in court. It’s best to ask a lawyer first about the best option for your case.

Act Quickly

There are time limits for taking action:

If you want to sue in court, you must usually do it within 2 years of your dismissal.
Ministry of Labour claims also have deadlines.

Don’t wait too long—get legal advice as soon as possible.

Possible Outcomes

If you were wrongfully dismissed, you may be entitled to:

Termination pay (pay in place of notice)
Severance pay (if you qualify)
Compensation for lost benefits
Damages if your dismissal was done in bad faith or for illegal reasons

In many cases, a good lawyer can help you negotiate a better severance package without having to go to court.

Special Situations

Unionized Employees

If you are part of a union, your situation is a bit different.
You usually need to go through your union grievance process instead of taking legal action on your own. Talk to your union representative first.

Small Employers

Even small businesses must follow the ESA and employment contracts. Just because your employer is small doesn’t mean they can ignore your rights.

Summary

Being wrongfully dismissed can feel scary and unfair. But remember—you have rights under Ontario law.

Here’s what to do: