News & Legal Commentary

Willful Misconduct: Fired Without Notice and Severance Pay

Willful Misconduct: Fired Without Notice and Severance Pay

byLecker & Associates | Employment Contracts , Fired, Laid-off, or Forced out

Willful Misconduct: Fired Without Notice and Severance | Co Authors: Bram Lecker & Simon Pelsmakher, Student-at-Law.

Willful Misconduct: Fired Without Notice and Severance

Every employee who is terminated in Canada is entitled to minimum notice and severance. While the amounts differ in each province, they generally depend on your length of service and the size of your employer’s payroll. The only reason why you could get fired without notice and severance is a for-cause dismissal with proof of willful misconduct.  And when this happens, your employer’s case better be locked down, airtight.

If you find yourself fired without notice and severance then get your first response ready. You will need to select a good employment lawyer to represent you. The team of lawyers at Lecker & Associates are veterans at litigating such cases. Over our 35+ years of practicing employment law, we have encountered various tactics some employers use to avoid paying out their termination obligations. Here are a few of them:

Your Employment Contract

Some employers include clauses in employment contracts that suggest you would be ineligible for any notice and severance in a for-cause termination. They try to diminish your rights specifically to make it easier to terminate you. In fact, such clauses may void the contract itself.

Regardless of what your contract says, our laws guarantee minimum notice and severance to all employees of Ontario. This, unless your employer can meet a high burden of proof to establish willful misconduct on top of a for-cause termination.

For peace of mind, let us advise you about that employment contract before you sign it.

Contract Workers Fired Without Notice and Severance

Temporary and contract jobs are the sign of our times. They have grown exponentially in the last decade and this trend will not stop any time soon. Many individuals find themselves working in jobs, just like full time employees, but without security and benefits. They represent the most vulnerable group of workers, regularly fired without notice and severance pay.

We put this situation under the glaring light of a legal microscope with our ground breaking case, Keenan vs. Canac Kitchens. As it turns out, in some situations contractors do have the same rights as employees.  And the judge coined the term Dependent Contractor  to describe this previously unrecognized, but emerging class of worker in Ontario.

In fact, effective January 2018, Bill 148 brought amendments to Ontario’s Employment Standards Act. We now protect Dependent Contractor employment relationships under the law.

Contact us if you are a contract worker fired without notice and severance. We can quickly examine your situation to determine if you have the same rights as an employee.

Sham Layoffs

Job Layoffs are different from terminations. They must meet very specific conditions outlined in the Employment Standards Act. It allows employers the ability to manage their staffing levels and payroll costs when faced with financial hardship during economic downturns.  Employers must follow very specific rules when they layoff workers.

Unfortunately, unscrupulous employers count on their employees’ ingnorance about the law.  They cycle their workers through random sham layoffs, making work schedules and income so unpredictable that employees end up quitting in frustration. This is a common tactic to avoid paying out severance. And it is completely against the law.

Fired Without Notice and Severance For-Cause

While your employer can fire you for-cause, it must be for serious reasons such as theft, fraud, insubordination, intoxication etc. For minor allegations such as performance issues or typical lateness, they must first provide you with continuous warnings and opportunities to improve your performance. And even under these circumstances, when they let you go, they still owe you minimum notice and severance.

Whistleblowers often get caught in this trap when employers takes offense to exposed wrongdoings and attempt to turn the whistleblowing into an act of insubordination. You will require solid legal backup to litigate such situations.

Willful Misconduct: Serious Allegations

If your employer alleges willful misconduct on top of a for-cause termination, then these are very serious allegations indeed, far more than a just-cause termination. Under these circumstances, you must call us right away. We understand the law extremely well in this regard and will advocate fiercely on your behalf when your case warrants it.

Your employer must meet very stringent standards for alleging a willful misconduct. First of all, did they know about the alleged misconduct for a significant period of time? Secondly, did they inform you that your conduct  was not acceptable? Thirdly, was the alleged willful misconduct serious and egregious? And finally, did you commit these acts knowingly, recklessly and consciously?

In the leading case of Oosterboch v. FAG Aerospace, the employee was disciplined four times within a twelve-month period. However, the court determined that the warnings were for minor infractions. E.g., failure to take notice of product defects, failure to arrive on time, etc. The judge ruled that those actions did not sufficiently meet the standards for willful misconduct. They were not serious enough to immediately rupture the working relationship such as willful disobedience and willful neglect of duty that can cause harm to the company. Not having met that very high burden of proof, this employer did not have a case to avoid paying out their severance and notice obligations.

Bad Faith Dismissals

In a very similar case in 1997, we represented the plaintiff in Tramov v. OFG (Ontario Family Guidance). He was a  senior Vice President fired after 3 years with a for-cause dismissal. On top of this they accused him of willful misconduct because he allegedly accessed his colleagues payroll information. Consequently, he was fired without notice and severance.

We conducted an initial review and presented the facts to the employer’s counsel. This was sufficient to have them withdraw the allegations on the eve of the trial. However, they still refused to pay enough reasonable severance. In hearing the evidence, the courts concluded that the employer trumped up the allegations in an attempt to play hardball over his severance negotiations. They deemed this a bad faith dismissal. In this respect, our courts maintain that employers should know better. They do not take bad faith dismissals lightly and justified stinging Ontario Family Guidance with 30% more damages.

The Law is On Your Side

Employers have very little leeway to fire you without adequate compensation. There are many legal instruments that discourage them from doing so for trivial reasons or for false and unproven accusations. Our laws inflict severe penalties on employers who pursue such allegations and then miss the mark. Ontario employees can take comfort that the law is firmly on your side in this matter.

Contact us for representation if you find yourself in the unfortunate situation of being fired without severance and notice.

Lecker & Associates has practiced employment law for over 35 years.  We exclusively represent employees of Ontario. Our team of employment lawyers have the knowledge, experience and ability to handle challenges that often surface in relationships between employees and their employers.

Testimonials from Employees Like You

Posted on Google Google
Barbara M. profile picture
Barbara M.
2026-10-09
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I had a great experience and outcome with the help of Nathan Whitteningham-Paralegal. He was professional and knowledgeable. He was always available to answer my many questions, explained my rights, and outlined the best approach to handle my situation with confidence. Though it felt like an eternity, Nathan was able to wrap up matters in quick order. I highly recommend his services.
Posted on Google Google
Yashraj Gandhi profile picture
Yashraj Gandhi
2026-10-08
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I had an excellent experience working with Jordan Reiner and Ashley Hussey on my case. They were professional, knowledgeable, responsive, and genuinely supportive throughout the process. I truly appreciate their dedication and the quality of service they provided. Highly recommended!
Posted on Google Google
xi li profile picture
xi li
2026-10-07
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I had a very positive experience with Lecker & Associates throughout my employment matter. Ashley Hussey and Ms. Ponniah were both professional, responsive, knowledgeable, and supportive throughout the process. They explained the process clearly, kept me informed, and handled my matter with care and professionalism. I truly appreciate their hard work and guidance, and I would recommend Lecker & Associates to anyone looking for professional assistance with an employment matter.
Posted on Google Google
Syrrel Cabiling profile picture
Syrrel Cabiling
2026-10-07
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I had the pleasure of being represented by Soniya regarding my employment matters. Soniya, Ashley, and Melissa were prompt, organized, and responsive throughout the process, ensuring that all of my questions and concerns were addressed. I truly appreciated their professionalism, guidance, and commitment to protecting my best interests. I would highly recommend their services.
Posted on Google Google
Uma Seetal profile picture
Uma Seetal
2026-10-03
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I’m extremely grateful for all the help and guidance I received with my employment matter. Matthew Fisher was incredibly knowledgeable, supportive, and genuinely dedicated to fighting for me. They took the time to explain everything clearly, answer all of my questions, and guide me through every step of the process. Eslita was excellent — very responsive, organized, and proactive with communication, which made everything feel smooth and well-managed. I truly appreciate the time, effort, and care that went into my case. I would absolutely recommend Matthew to anyone who needs someone knowledgeable and committed to fighting for their rights.
Posted on Trustindex Trustindex
Joanne Bissonnette profile picture
Joanne Bissonnette
2026-09-25
Trustindex star 1Trustindex star 2Trustindex star 3Trustindex star 4Trustindex star 5Trustindex verifies that the original source of the review is Trustindex.
Awesome Team ⭐⭐⭐⭐⭐ "Thank you so much to Soniya Ponniah and Ashley Hussey at Lecker & Associates. You provided wonderful support, guidance, and clear communication throughout this employment law matter. Your exceptional legal counsel and strategic management led directly to a successful and highly agreeable resolution. I highly recommend your legal services. Thank you again!"
Posted on Google Google
Terrion Linton profile picture
Terrion Linton
2026-09-23
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
⭐⭐⭐⭐⭐ Excellent Employment Law Firm I had an excellent experience working with Lecker & Associates regarding an employment matter. From the beginning, I was treated with professionalism, respect, and genuine care. I would especially like to thank Ms. Soniya Ponniah and Ashley Hussey for their outstanding guidance, communication, and support throughout the entire process. They took the time to answer my questions, kept me well informed, and made sure I understood each step along the way. Their professionalism and attention to detail gave me confidence that my matter was in capable hands. What stood out to me most was how responsive, knowledgeable, and respectful they were. Dealing with an employment matter can be stressful, and having experienced professionals supporting and guiding you makes a significant difference. I am extremely grateful for the service I received and would confidently recommend Lecker & Associates to anyone seeking professional and knowledgeable employment-law assistance. A sincere thank you to Ms. Soniya Ponniah, Ashley Hussey, and the entire Lecker & Associates team for your exceptional service, professionalism, and support.
Posted on Google Google
Moumita Tasmin profile picture
Moumita Tasmin
2026-09-16
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I had a helpful and informative consultation with Nathan Whittingham. He was professional, attentive, and took the time to explain my options clearly. The consultation is a paid service, but I found the guidance valuable and appreciated his time and professionalism.
Posted on Google Google
Conor Quenneville profile picture
Conor Quenneville
2026-09-08
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Mr. Whittingham has incredible to work with regarding my employment matter. I have been thoroughly impressed by his legal knowledge, insight, professionalism and strategy. He’s been instrumental in helping me navigate my issue. Nathan has helped me every step along the way while we traverse the case. Ultimately helping me find a tailored legal solution that best fits my case. I can’t recommend Nathan Whittingham enough along with the rest of the Lecker and Associates team. Thank you for helping me navigate this stressful legal situation.
Posted on Google Google
Faiyaz Ally profile picture
Faiyaz Ally
2026-08-21
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Matthew was very hands-on throughout which is exactly what I expect. The communication was prompt, and professional. Eslita was always available if I had questions or needed to reach Matthew. Highly recommend this team.

Breathe Easy, We’ve Got This

Reputation Matters