If you've been fired, forced out, underpaid, or mistreated at work, you likely have more legal options than you think. Most employees in Ontario don't realize how many rights they actually have until something goes wrong.
"The biggest mistake employees make is signing a release or severance agreement without getting independent legal advice first. Once you sign, your leverage is gone."
Types of Employment Law Claims
- Wrongful Dismissal. Fired without adequate notice or pay in lieu? Ontario's common law often entitles you to far more than the ESA minimum.
- Constructive Dismissal. Your employer didn't fire you, but made your job unbearable, changed your role drastically, or cut your pay. That can still be dismissal in the eyes of the law.
- Severance Pay Disputes. The package they offered might look generous, but it may be far less than you're entitled to.
- Workplace Harassment. Harassment and a toxic work environment are serious and sometimes compensable.
- Employment Contract Review. Before you sign or leave, having a lawyer review your contract can save you enormous grief.
- Human Rights Violations. Fired or demoted because of your age, disability, religion, or pregnancy? The Ontario Human Rights Code may entitle you to significant compensation. See our human rights practice page for more.
Wrongful Dismissal in Ontario
In Ontario, employers can generally let you go for any reason or no reason at all. What they cannot do is let you go without proper notice, or pay in lieu of notice. The Employment Standards Act (ESA) sets a bare minimum, usually one week per year of service, up to 8 weeks. But most employees are entitled to significantly more under the common law: typically one month per year of service, depending on your age, seniority, and how specialized your role is.
"ESA minimums are a floor, not a ceiling. Your common law entitlement is almost always higher, sometimes dramatically so."
Constructive Dismissal
If your employer has made a significant, unilateral change to your employment, your pay, your title, your hours, your location, your responsibilities, you may have been constructively dismissed even though no one said "you're fired." Common examples: pay cut of 10–15% or more, demotion, forced relocation, or creation of a hostile work environment designed to make you quit. The key: you usually have to act relatively quickly. The Ontario Ministry of Labour publishes guidance on workplace standards.
How Employment Cases Get Resolved
Most employment cases settle without going to court. A formal demand letter from a lawyer often results in a significantly improved offer. Employers and their HR departments do not want prolonged legal proceedings. A skilled employment lawyer can usually negotiate a fair settlement in a reasonable timeframe. If your situation involves discrimination based on a protected ground, you may also have a parallel claim before the Human Rights Tribunal of Ontario. For more, see our civil litigation page or browse the Toronto Criminal Lawyer Blog.