Wrongful Dismissal Guide

Understand your rights.

What is a wrongful dismissal?

A wrongful dismissal happens when an employee is terminated from a job and the employer did not properly follow the law. For employees terminated without cause, this often means the employer did not give the employee the right amount of notice or severance pay. Where an employee is terminated for cause, the employer may not have had proper grounds to terminate the employee for just cause.

ESA vs. Common Law

What's the difference?



"The Minimum"

Employment Standards

The Ontario Employment Standards Acts sets out the minimum work standards for employees, including the minimum amount of notice and severance pay an employee is entitled to upon termination.



1-2 weeks per year of service

Base Salary

Benefits

-Salary

-Length of Service


"The Maximum"

Common Law

Common law is law that is made from past court cases. According to the common law, an employee who is terminated without cause must be given reasonable notice or the equivalent payment in place of notice.



1-2 months per year of service of base salary, bonus, commission, and benefits per year of service

Base Salary

Bonus

Commission

Benefits

-Salary

-Length of Service

-Age

-Position

-Job Market

-Manner of Dismissal

+ Other Factors

Ready to apply?

Get started