Wrongful Dismissal Lawyers in Toronto
Terminated without proper notice or compensation? Ontario law may entitle you to significantly more than your employer offered. We assess your situation, explain your rights under the Employment Standards Act and common law, and pursue the outcome you are owed.
- Ontario's limitation period is 2 years - earlier action preserves more evidence and stronger leverage.
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Toronto Employment Lawyers Focused on Wrongful Dismissal
Being let go is difficult. Being let go without fair compensation makes it worse. If you were terminated without cause, without adequate notice, or in violation of your employment contract, Ontario law provides remedies that most employers do not voluntarily offer.
Our employment lawyers review the specific facts of your case – your tenure, role, age, industry, and contract terms – to determine what you are actually owed under Ontario’s common law framework, which often exceeds the minimums set by the Employment Standards Act. If your rights were not respected, we help you recover what the law says you deserve.
Toronto Employment Lawyers You Can Count On
All Types of Employment Disputes
Wrongful dismissal, constructive dismissal, severance negotiations, and human rights claims.
Responsive Client Communication
We keep you informed at every stage and respond to your questions within one business day.
Law Society of Ontario Members
Licensed, regulated, and insured to practise employment law in Ontario.
Know Your Rights Before You Sign Anything
If you received a severance offer, do not sign it before having it reviewed. Employers routinely offer less than what Ontario common law requires. A proper assessment of your entitlements takes into account your age, years of service, position, and the availability of comparable employment - factors most initial offers ignore.
Submit your details below for a free case assessment. Our team will review your information and contact you within one business day.
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Why Clients Choose Sutton Law for Wrongful Dismissal
Our employment lawyers bring over three decades of combined experience to wrongful dismissal cases across the Greater Toronto Area. We represent employees – not employers – which means our strategies are built entirely around protecting your rights and financial interests.
What sets our approach apart:
We are transparent about expected outcomes and timelines from the first conversation. We explain the legal process in plain language. We communicate regularly, so you are never left wondering what is happening with your case. And we focus on practical, cost-effective resolutions – because drawn-out litigation is not always in your best interest.
Whether your case resolves through negotiation, mediation, or court, we handle every step – in person or remotely – to make the process as straightforward as possible.
How We Handle Wrongful Dismissal Cases
Every wrongful dismissal case involves different facts, different contracts, and different employer conduct. We offer focused services for each stage of the process.
Severance Package Negotiation
Most initial severance offers fall short of what Ontario common law requires. We review your offer against established legal benchmarks — including Bardal factors such as age, length of service, character of employment, and availability of similar positions — and negotiate on your behalf for appropriate compensation.
Constructive Dismissal Claims
If your employer significantly changed your role, compensation, hours, or working conditions without your agreement, you may have a constructive dismissal claim. We assess whether the changes constitute a fundamental breach of your employment contract under Ontario law.
Employment Contract Review
Termination clauses, non-compete provisions, and severance caps vary significantly from one contract to another. We review the enforceability of your contract terms so you understand your actual rights — not just what your employer says they are.
Workplace Discrimination and Human Rights Claims
If your dismissal was connected to a protected ground under Ontario's Human Rights Code — including age, disability, pregnancy, family status, or race — additional remedies and damages may apply. We assess whether a human rights claim strengthens your wrongful dismissal case.
What to Expect When You Work With Us
• A clear explanation of your rights under Ontario employment law
• An honest assessment of what your case is worth
• Direct negotiation with your employer to pursue a fair settlement
• Protection of your professional reputation throughout the process
• Defined timelines so you know what to expect at each stage
• One point of contact — your lawyer — for all questions and updates
• Support with gathering evidence and preparing documentation
• Confidential, respectful handling of sensitive workplace matters
How the Process Works
Free Case Assessment
We review your employment history, termination letter, and contract. We explain where you stand legally and whether your employer's offer reflects what you are owed. This assessment is free and carries no obligation.
*This is a case screening call, not a legal advice session. Legal advice is provided after a formal retainer is signed.Case Strategy
If we identify a strong claim, we develop a strategy based on your specific circumstances - your tenure, role, age, contract terms, and the conduct of your employer. You approve the plan before we take any action.
Negotiation and Advocacy
We handle all communication with your employer's legal team. Most wrongful dismissal cases in Ontario resolve through negotiation or mediation - fewer than 10% proceed to trial. Our goal is the best achievable outcome in the shortest reasonable time.
Resolution
Once terms are agreed, we review the settlement with you in plain language, explain what you are signing, and confirm that your interests are protected. We remain available for any follow-up questions after the matter concludes.
Child Support
Proper Valuation of Your Claim
Ontario common law often entitles dismissed employees to significantly more than ESA minimums. We calculate your full entitlement based on established legal factors.
Stronger Negotiating Position
Employers and their lawyers negotiate differently when an experienced employment lawyer is across the table. We level that playing field.
Guidance Specific to Your Situation
No two terminations are the same. Your strategy is based on your contract, your role, your industry, and the specific conduct of your employer.
Faster Resolution
Most wrongful dismissal claims we handle settle within 3–6 months through negotiation or mediation, without the cost and uncertainty of a trial.
Clear Communication Throughout
You will know the status of your case at every stage. We explain legal concepts in plain language and respond to your questions promptly.
Confidential and Professional Handling
Workplace disputes involve sensitive information. We handle every aspect of your case with discretion and protect your professional reputation.
Client Testimonials
Michelle Howard
Florence Brady
What an amazing service! They have helped my family many times throughout various complicated issues we had to deal with. Highly knowledgeable and experienced professionals that followed up on every detail.
Cassandra Hyler
Mr Alex is a very experienced, competent and knowledgeable lawyer. I highly recommend him for any immigration issue. He initiated a mandamus for the delay of my application for Permanent Residency and I received my PPR within a week after starting the process. Thank you so much for everything.
Common law severance can be 3–5× higher than ESA minimums
The Employment Standards Act sets a minimum floor - but Ontario courts routinely award severance that is several multiples higher based on your age, role, tenure, and job market conditions. A 55-year-old manager with 15 years of service may be entitled to 14–20 months of compensation under common law, not the 15 weeks the ESA requires.
Many termination clauses are unenforceable
Since the landmark Waksdale v. Swegon (2020 ONCA 391) decision, Ontario courts have repeatedly struck down termination clauses that use "at any time" or "sole discretion" language. If your contract's termination clause is unenforceable, you may be entitled to full common law severance - regardless of what your contract says.
You have 2 years - but waiting costs you leverage
Once you sign a severance release, you waive the right to pursue any further claims against your employer - including claims you didn't know you had. There is no cooling-off period. Despite what employers may imply, there is no legal requirement to sign within a few days.
Signing a release is permanent
Once you sign a severance release, you waive the right to pursue any further claims against your employer - including claims you didn't know you had. There is no cooling-off period. Despite what employers may imply, there is no legal requirement to sign within a few days.
22% rise in "restructuring" terminations (2025)
A 2025 Ontario Ministry of Labour report noted a 22% increase in termination claims tied to restructuring and automation. Being told "your position was eliminated" does not reduce your severance entitlement - a restructuring termination is still a without-cause termination under Ontario law.
FAQ on Wrongful Dismissal Law
You may have a wrongful dismissal claim if your employer terminated
your employment without adequate notice or severance pay, without
just cause, or in violation of the terms of your employment contract.
Ontario law distinguishes between the minimum standards set by the
Employment Standards Act (ESA) and the often higher entitlements
available under common law.
In Ontario, the limitation period for most wrongful dismissal claims
is two years from the date of termination. Acting sooner typically
strengthens your position — evidence is fresher, witnesses are more
available, and you retain greater negotiating leverage.
No. Once you sign a release, you generally cannot pursue further claims
against your employer. We recommend having a lawyer review the offer
before you agree to any terms. There is no obligation to sign immediately
— take the time you need.
Under Ontario common law, severance entitlements are based on several
factors: your age, length of service, the nature of your role, your
salary, and the current job market for comparable positions. These
“Bardal factors” often result in entitlements well above the ESA
statutory minimums.
Wrongful dismissal occurs when your employer terminates you without
proper notice or cause. Constructive dismissal occurs when your employer
makes significant changes to your employment — such as a pay cut,
demotion, or relocation — without your consent, effectively forcing
you to resign. Both may give rise to compensation claims.
We offer a free initial case assessment. For the case itself, fee
arrangements vary — including contingency fees (where you pay only
if we secure a result) and hourly billing with flexible payment options.
We discuss all fee arrangements clearly before you commit to anything.
Cases that settle through negotiation or mediation are often resolved
within 3–6 months. If a case proceeds to trial, it may take 1–2 years
depending on court scheduling and complexity. The majority of employment
disputes — over 90% — resolve without going to trial.
Yes. Misclassification of employees as independent contractors is
common. Ontario courts and tribunals look at the actual nature of the
working relationship — not just the label your employer applied. If
you were functionally an employee, you may be entitled to notice and
severance regardless of your contract title.