Wrongful dismissal occurs when an employer terminates an employee without providing sufficient advanced notice or termination pay.

When terminating employees, it is common for employers to make them a low offer, sometimes only a fraction of what they would be entitled to.

As such, most employees are entitled to more compensation than their employer's initial termination offer.

Our lawyer, Benjamin Waterman, will review your termination offer, the circumstances of your termination, and work with you to obtain the fair offer that you are entitled to.

Termination Without Cause

While employers can terminate employment for almost any legitimate business reason, they must provide either:

• Proper advance notice of termination

• Termination pay (severance)

• A combination of both

The required notice or termination pay usually exceeds the absolute minimum standards set by the Employment Standards Act, by a significant margin.

Most employees are likely entitled to “common law notice”, which typically ranges from 3-6 weeks per year of service.

Termination With Cause

It is very rare that an employer is permitted to terminate an employee without any severance pay. Nonetheless, employers sometimes claim to have “cause” to do so. Usually, this is illegal.

The threshold for proving cause is extremely high - it usually requires serious misconduct such as theft, fraud or criminal conduct. In situations, even that is insufficient.

Minor performance issues, occasional tardiness, or personality conflicts are almost never sufficient to meet the threshold.

As such, in almost all cases, an employee is entitled to termination pay when an employer ends their employment.

Constructive Dismissal

This occurs when your employer makes substantial changes to fundamental terms of your employment without your agreement, such as a significant reduction in pay or hours or a forced relocation.

In these cases, you may have the right to treat your employment as terminated and claim severance, even though you weren't formally dismissed.

Our lawyer, Benjamin Waterman, provides comprehensive legal support throughout the wrongful dismissal process:

Initial Case Assessment

• Review of termination circumstances and documentation

• Analysis of employment contract and termination offer

• Assessment of potential claims and likely compensation

• Explanation of your rights and legal options

Legal Advocacy

• Negotiation with your employer's or their lawyer

• Preparation and filing of a lawsuit if necessary

• Representation in mediation and settlement discussions

• Court representation

We handle most wrongful dismissal cases on a contingency fee basis. This typically means:

• No up-front legal fees

• Our fee is a percentage (usually about 30%) of any additional compensation we secure beyond your employer's initial offer

• If we don't improve your severance package, you don't pay us legal fees

This arrangement aligns our interests with yours - we only succeed when you receive better compensation.

Because each case is unique, the specifics of the fee agreement are something that will be discussed in the free consultation and set out in a written agreement before we begin work.

How long do I have to take legal action?

You generally have two years from your termination date to start a claim. However, it's important to act promptly - delay can weaken your position and make it harder to gather evidence. Additionally, accepting continued employment or a severance package without legal advice might limit your options.

Should I sign my termination papers?

Never sign termination documents or release forms without legal review. These often require you to give up significant rights in exchange for minimal compensation. You have the right to take time to review documents and seek legal advice.

What compensation might I be entitled to?

This varies based on factors like length of service, age, position, and the availability of similar employment. While the Employment Standards Act sets absolute minimum amounts, most employees are entitled to significantly more under common law. Compensation typically ranges from 3-6 weeks per year of service.

In addition to termination pay, you may be entitled to other types of damages if your employer violated your rights during the process or terminated your for an illegal reason, such as disability.

How long will the process take?

While each case is unique, from experience, about half of cases settle within 3 months, and most resolve within 6 months. Complex cases or those requiring litigation may take longer, though over 90% settle before trial.

Can I be terminated while on medical or pregnancy leave?

While you can be terminated while on leave, the termination cannot be because of your medical condition, pregnancy or leave, as this would violate human rights laws. Special considerations apply to these situations.