What to Do After Being Wrongfully Dismissed in Ontario
This page is general information for people in Ontario. It is not legal advice, and Law HelpLine is not a law firm. Laws and deadlines change and every situation is different, so check your own facts with a licensed lawyer or paralegal.
Losing a job is stressful, and the first few days matter. This guide covers the practical steps people often take in Ontario. It is not a ruling on whether your dismissal was legal, because that depends on your facts.
1. Stay calm and get everything in writing
Ask for the termination in writing, including the date and the reason given. Keep emails, texts and letters.
2. Do not sign right away
Employers often offer a package with a release. Signing usually ends your right to claim more. Ask for time to review it and have it checked by a lawyer if you can.
3. Know the minimums
Under the Employment Standards Act, 2000, most employees with at least three months of service get written notice or pay instead. Notice grows with years of service up to eight weeks. Employees with five or more years of service may also get severance pay if the employer has a payroll of $2.5 million or more (or after certain large closures), up to 26 weeks. Some workers are excluded, and an employer can try to show an exemption applies.
4. The minimum may not be the full amount
Courts can award more notice under common law, based on factors such as age, length of service, role and how hard it is to find similar work. Whether a termination clause in your contract holds up is also a common issue.
5. Was it “for cause”?
Employers who say they fired someone for cause often must prove it. Poor performance alone is usually not enough without warnings and chances to improve.
6. Collect your records
- Your contract and any policies
- Pay stubs and your Record of Employment
- Performance reviews
- Emails about your role, pay or the dismissal
7. Mind the deadlines
Court claims generally must start within two years. Other complaints have their own deadlines, so do not wait. Also apply for Employment Insurance promptly, because that has its own timing rules.
8. Know where to turn
You can contact the Ministry of Labour about employment standards, or talk to an employment lawyer about a bigger claim.
Finding a lawyer or paralegal
Law HelpLine is an independent legal information website. We are not a law firm and we do not give legal advice. To find a licensed lawyer or paralegal, use the Ontario government’s Find a lawyer or paralegal page or the Law Society of Ontario directory at lso.ca. If you are in danger, call 911.