Wrongful Dismissal Lawyer in Ontario

Do You Have a Wrongful Dismissal Claim?

A legal review may be appropriate when a dismissal involves:

• Inadequate termination or severance pay
• No advance notice of termination
• An allegation of serious misconduct or just cause
• A substantial change to compensation, duties, hours, or workplace location
• A breach of the employment contract
• Termination during a medical, parental, or other protected leave
• Retaliation after raising workplace or human-rights concerns
• Pressure to sign a release before obtaining legal advice

Even where an employer has provided the minimum amount required by employment standards legislation, the employee may still have additional contractual or common-law entitlements.

Employment Law Matters We Handle

Employment disputes can arise before, during, or at the end of the working relationship. Van Dyke Law provides advice and representation relating to:

• Wrongful dismissal
• Constructive dismissal
• Severance package reviews
• Termination without cause
• Termination for cause
• Employment contract reviews
• Workplace bullying and harassment
• Human-rights violations
• Disability-related employment disputes
• Employment mediation
• Breach of fiduciary and related duties
• Termination while an employee is on leave

Understanding Severance Pay in Ontario

Severance pay is often used informally to refer to any payment made when employment ends. Legally, however, termination pay and statutory severance pay are different entitlements.

Termination pay may be provided instead of the advance working notice required under the Employment Standards Act. Statutory severance pay is a separate entitlement available only when specific eligibility requirements are met. The legislation establishes minimum standards rather than determining every employee’s full entitlement.

Depending on the employment contract and circumstances, an employee may also be entitled to common-law reasonable notice. Relevant considerations commonly include:

• The employee’s age
• Length of service
• Nature of the position
• Experience, training, and qualifications
• Availability of comparable employment

No single factor determines the result, and there is no automatic formula that provides one month of pay for every year worked. A lawyer can compare the employer’s offer with the employee’s potential statutory, contractual, and common-law rights.

Constructive Dismissal Explained

An employee does not always need to be formally fired to have a dismissal claim. Constructive dismissal may occur when an employer makes a serious unilateral change to an essential term of employment or creates circumstances that fundamentally alter the employment relationship.

Examples may include:

• A significant reduction in salary or commissions
• Major changes to job duties
• A demotion
• A forced relocation
• A substantial reduction in hours
• A toxic or hostile working environment
• The removal of important responsibilities or benefits

Resigning without legal advice can put an employee’s rights at risk. Anyone considering resigning due to workplace changes should have their circumstances reviewed before leaving whenever possible.

Can You Be Fired for Cause?

Employers sometimes allege just cause to end employment without notice or compensation. However, cause is generally reserved for serious misconduct or conduct that has fundamentally damaged the employment relationship.

An allegation of poor performance does not automatically establish cause. The surrounding circumstances may matter, including whether expectations were clear, concerns were documented, warnings were given, and the employee had a reasonable opportunity to improve.

Employees should not assume an employer’s allegation is legally correct. A termination letter and the events leading up to the dismissal should be reviewed before the employee accepts that no compensation is owed.

What to Do After Being Dismissed

The period immediately following a dismissal can affect an employee’s ability to assess and protect a potential claim.

Consider taking the following steps:

• Do not immediately sign a termination agreement or release
• Keep the termination letter and severance package
• Locate your employment contract and any amendments
• Preserve pay records, benefit information, performance reviews, and workplace policies
• Save relevant emails and written communications lawfully in your possession
• Record what was said during the termination meeting
• Note any deadline included in the employer’s offer
• Obtain legal advice before accepting the package

Employees should also continue making reasonable efforts to find comparable work, as post-termination earnings may affect a common-law claim.

How Van Dyke Law Can Help

Employment termination disputes can involve overlapping statutory, contractual, common-law, disability, and human-rights issues. Van Dyke Law can:

• Review employment contracts and termination documents
• Assess the adequacy of a severance offer
• Determine whether a wrongful or constructive dismissalmay have occurred
• Respond to allegations of cause
• Negotiate directly with employers and their lawyers
• Assist with mediation
• Pursue litigation when a reasonable agreement cannot be reached

Why Choose Van Dyke Law?

Van Dyke Law brings extensive civil litigation experience to employment disputes throughout Ontario. Clients receive personalized advice rather than a one-size-fits-all assessment.

The firm offers:

• Direct, one-on-one legal guidance
• Experience negotiating employment disputes
• Careful review of contracts and severance packages
• Mediation and courtroom advocacy where required
• Representation across Eastern Ontario
• Free initial consultations