Wrongful Termination in Ontario: What Employees Should Know

Losing your job can be stressful under any circumstances. When you believe you were dismissed unfairly or unlawfully, the situation can become even more difficult.

Employees in Ontario have legal rights, but understanding those rights can be complicated.

If you have been terminated, the first step is to understand why your employment ended, what your employment agreement says, and whether the circumstances raise issues under employment or human rights law.

What Is Wrongful Termination?

The term “wrongful termination” is commonly used when an employer ends an employment relationship in a way that may breach the employee’s legal rights or contractual entitlements.

For example, an employee may have questions about whether they received appropriate notice or compensation when their employment ended.

However, every termination is different.

The legal consequences can depend on factors such as:

• The employee’s length of service
• The employment agreement
• The employee’s position
• The reason for termination
• Whether notice or compensation was provided
• Whether the termination involved discrimination or reprisal
• Whether other legal protections apply

Can an Employer Fire You Without Cause?

Ontario law allows employers to terminate employment in many circumstances, but that does not mean an employer can ignore all legal obligations.

Depending on the circumstances, an employee who is terminated without cause may be entitled to notice or compensation instead of notice.

The amount and type of entitlement can depend on the employment contract and applicable law.

This is one reason it is important to have the circumstances reviewed before signing a severance agreement or accepting an offer from an employer.

What If You Were Fired for Discriminatory Reasons?

Employment termination can become a human rights issue if discrimination is involved.

Ontario’s human rights protections cover various protected grounds. If an employee believes that discrimination played a role in a workplace decision, including termination, the matter may require a different legal analysis than an ordinary employment dispute.

Examples can include situations involving discrimination related to protected personal characteristics or circumstances.

Not every unfair workplace experience is necessarily discrimination under human rights law, so the specific facts matter.

What Should You Do After Being Terminated?

If you have recently lost your job and believe something may have gone wrong, consider taking the following steps.

Keep Your Employment Documents

Save copies of:

• Your employment contract
• Pay records
• Termination documents
• Severance documents
• Performance reviews
• Relevant emails and messages
• Workplace policies
• Other communications concerning your employment

These documents may become important when assessing your legal options.

Don’t Rush to Sign

Employers may provide employees with termination or severance documents.

Before signing anything, make sure you understand what you are agreeing to.

Once you sign an agreement, your ability to pursue certain claims may be affected.

Write Down What Happened

Your memory can become less precise over time.

Create a timeline of important events, including dates of meetings, warnings, communications, and the circumstances surrounding your termination.

Seek Legal Advice

Employment law involves deadlines, contracts, statutory rights, and legal principles that may not be obvious to an employee.

A lawyer can review your circumstances and explain the potential options available to you.

Employment Law and Human Rights Can Overlap

Some workplace disputes involve more than one legal issue.

For example, a termination could raise questions involving both employment entitlements and human rights.

Determining which legal process applies—and whether more than one process may be relevant—requires looking closely at the facts.

You Don’t Have to Navigate the Situation Alone

Being terminated from employment can leave you feeling uncertain about what to do next.

The most important thing is not to assume that you have no rights simply because your employer has ended your employment.

At the same time, not every termination is unlawful.

The best way to understand your position is to have the facts and relevant documents reviewed by a qualified legal professional.

Speak With an Employment Lawyer in Toronto

Dagmawi Law Professional Corporation provides legal services relating to employment and human rights matters, including issues involving unlawful termination, mediation, and human rights applications.

If you believe your employment was terminated unfairly or that discrimination may have played a role in what happened, consider obtaining legal advice about your circumstances.

Contact Dagmawi Law to discuss your employment or human rights matter.