Wrongful Dismissal

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Wrongful Dismissal |
Employment Lawyers in Toronto
Losing your job can be devastating, especially if you believe it was done unjustly. If you suspect you’ve been wrongfully terminated, you’re not alone. Leckers Law is a premier Ontario employment law firm with over 40 years of dedicated experience representing employees. Our experienced legal team specializes in wrongful termination cases and is dedicated to helping you understand your rights and fight for the justice you deserve.
Seek Legal Counsel Before Signing Any Termination Papers
Employers often present termination packages that may seem attractive at first glance. However, these packages may not reflect your full legal entitlements. By contacting Leckers Law before signing anything, you can:
- Understand Your Rights: We’ll explain your legal options and ensure you fully comprehend the implications of any agreement.
- Negotiate a Fairer Package: We can negotiate with your employer to improve the terms of your severance package, including a higher severance amount, benefits continuation, and other entitlements.
- Avoid Costly Mistakes: Signing a termination agreement without legal advice can waive your right to pursue further legal action.
What is Wrongful Dismissal in Ontario?
Wrongful dismissal occurs when an Ontario employer terminates an employee without just cause or without providing adequate notice or pay in lieu of notice. This can include:
- Without Cause Termination: Being fired without a legitimate reason, such as poor performance or misconduct.
- Insufficient Notice: Receiving less notice than required by law or your employment contract.
- Constructive Dismissal: Your employer makes significant changes to your job that force you to resign.
- Bad Faith Dismissal: Your employer acts in a malicious or unfair manner during the termination process.
Lecker & Associates: Your Experts in Wrongful Dismissal
- No-charge Initial Assessment: We’ll listen to your story, assess your situation, and advise you on your legal options.
- Calculating Your Entitlements: We’ll determine the appropriate amount of severance pay, benefits continuation, and other damages you may be owed.
- Negotiation & Settlement: We’ll skillfully negotiate with your former employer to secure a fair severance package.
- Litigation: If necessary, we’ll represent you in court to pursue your rightful compensation.
What You Can Recover:
If you’ve been wrongfully dismissed in Ontario, you may be entitled to recover:
- Severance Pay: Compensation for lost wages based on your age, length of service, position, and the job market.
- Benefits Continuation: Continued access to health insurance and other benefits.
- Bonus & Commission Payments: Outstanding bonuses or commissions owed to you.
- Pension Loss: Compensation for the loss of pension benefits.
- Damages for Mental Distress: Compensation for the emotional suffering caused by the wrongful dismissal.
- Punitive Damages: In cases of bad faith dismissal, you may be awarded punitive damages to penalize the employer.
Ontario Employee Rights - Our Focus:
At Leckers Law, we exclusively represent employees. We understand the power imbalance that often exists in employment relationships and are dedicated to levelling the playing field. Our lawyers are passionate about advocating for your rights and ensuring you receive the fair treatment you deserve.


FAQs
Wrongful dismissal occurs when an employer terminates your employment without giving you proper notice or fair severance pay under Ontario law. This doesn’t necessarily mean your employer wasn’t allowed to let you go. It means they didn’t follow the correct legal process. If you were terminated without cause, you may be entitled to significant compensation based on your age, position, and years of service. Speaking with an employment lawyer in Toronto can help you understand your specific rights and entitlements.
You may have been wrongfully dismissed if you were terminated without notice or a fair severance package that reflects your length of service and seniority. It may also apply if your employer claimed “just cause” without proof of serious misconduct or refused to pay your entitlements. A review of your termination letter, employment contract, and severance offer by an employment lawyer can determine whether your dismissal was legal or not.
If you’re terminated without just cause, do not sign any documents right away. Employers often provide lowball severance offers in hopes you’ll accept quickly. Instead, consult an employment lawyer before responding. They can calculate your fair severance based on your job title, years of service, and other factors. Many wrongful dismissal claims can be resolved through negotiation, allowing you to recover the compensation you’re legally owed.
Severance pay in Ontario depends on several factors, including your age, position, length of service, and how long it will take you to find comparable work. While the Employment Standards Act sets minimum entitlements, common law provides much higher amounts, often several months or more of pay. Only a qualified employment lawyer can determine your full entitlement based on your individual circumstances.
Wrongful dismissal occurs when you’re terminated without proper notice or severance. Constructive dismissal happens when your employer forces you out indirectly, by cutting your hours, reducing your pay, or creating a toxic work environment that leaves you no choice but to resign. Both situations can entitle you to severance pay. An employment lawyer can help you identify which applies to your case and what compensation you may be owed.
In some cases, yes. If your employer’s conduct during or after termination caused emotional harm, public humiliation, or undue stress, you may be entitled to additional damages. Courts recognize that employers must act in good faith during dismissal. If they act unfairly or in bad faith, such as by making false accusations or mishandling your termination, you may be able to seek compensation beyond severance pay.
In Ontario, employees typically have two years from the date of termination to file a wrongful dismissal claim in court. However, it’s best to act quickly. Evidence can fade, and deadlines for Ministry of Labour complaints or human rights claims may differ. Consulting an employment lawyer soon after your dismissal ensures your rights are preserved and your case is handled effectively from the start.
You have the right to review and negotiate your termination package before signing. Employers often offer less than what the law allows. Never feel pressured to accept immediately. An employment lawyer can assess whether the offer includes your full entitlements, such as severance pay, bonuses, benefits, and unused vacation, and negotiate for a fair settlement that reflects your legal rights.
Yes. Terminating an employee who is on disability or medical leave can amount to wrongful dismissal or even discrimination under Ontario’s Human Rights Code. Employers must accommodate employees with medical conditions to the point of undue hardship. If your job was terminated while you were on stress leave, disability leave, or recovering from illness, speak with an employment lawyer immediately. You may be entitled to reinstatement or additional damages.
Employment law in Ontario can be complex, and every case is different. An experienced employment lawyer in Toronto can help you understand your rights, calculate your true severance entitlement, and negotiate directly with your employer to achieve the best outcome. We have over 40 years of experience representing employees, never employers, and helping them recover the compensation they deserve after wrongful dismissal.
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