Wrongful Dismissal

Common Questions:

Q: I’ve received the severance required by the Employment Standards Act, am I entitled to anything more?

A: Most employees in Ontario also entitled to “reasonable notice” pursuant to the common law. This entitlement is determined in the Superior Court of Ontario (or Small Claims Court for claims under $25,000). Common law reasonable notice is generally more than the minimums set out in the Employment Standards Act and is influenced by a number of factors, including your age, length of service and the nature of your job. Termination without reasonable notice is commonly known as “wrongful dismissal”.

Q: My employer is pressuring me to sign something quickly, what do I do?

A: In most situations, if an employer is pressuring you to sign something quickly, it is because it is in their interest, and not your best interest. You should seek legal advice before you sign anything . It is contrary to the Employment Standards Act to require you to sign something in order to receive your Employment Standards severance pay.

Q: How much does it cost to challenge an employer’s severance package?

A: Sometimes after an initial consultation where we explain your rights and options, you are able to negotiate a fair severance directly with your employer. Other times, a formal demand letter is required. Often, an employer will require you to take steps in the litigation process before a settlement can be reached. In unusual situations, you will be forced to go to Court to secure a fair disposition.

No two cases are the same so it is impossible to predict, at the outset, how much will be involved. In some instances, we will work with you on a contingency basis; in other words, you will only pay if we are successful in your case and the fee charged will be an agreed percentage of the settlement or the enhancement of the original offer. In others, we will set a realistic budget so that your potential settlement significantly exceeds your legal fees.