1. What is “wrongful dismissal”?

Wrongful dismissal happens when your employer ends your employment without giving you proper notice or pay in lieu of notice under the law. Even if your employer gave you a “termination letter,” it may not reflect your full legal entitlements.

2. How much severance am I entitled to?

Severance depends on several factors: your age, years of service, position, and availability of similar jobs. While the Employment Standards Act (ESA) sets out minimum amounts, most employees are entitled to much more under common law. Every case is unique, so it’s best to get legal advice before signing anything.

3. Do I have to accept the company’s first offer?

No. Employers often present “standard” packages that are less than your legal entitlement. Once you sign a release, you usually can’t go back. Always review an offer with a lawyer before agreeing.

4. What if I was fired “for cause”?

Employers often allege “just cause” to avoid paying severance, but true just cause is very rare. Being fired for performance issues or a single mistake does not usually amount to cause. Legal advice is critical in these cases.

5. What if I was forced to resign?

If your employer made major changes to your job, pay, or work environment that left you no real choice but to quit, this may be “constructive dismissal.” You may still be entitled to severance.

6. Can my employer let me go while I’m on sick leave or disability?

Your employer cannot terminate you because of a medical condition. However, they may restructure or terminate positions for other reasons. If this happens while you are on leave, it’s important to review your rights to severance and human rights protections.

7. Am I entitled to benefits continuation after termination?

In many cases, yes. Employers should continue benefits (health, dental, disability, etc.) through your notice period. Whether this applies depends on the terms of your package and the law.

8. What if I work on contract, freelance, or part-time—do I still get severance?

Often, yes. Many “independent contractors” are actually employees in the eyes of the law and may qualify for severance. If you’ve worked for one company regularly and dependently, you may be entitled to protection.

9. How long do I have to make a claim?

Strict deadlines apply:

2 years from the date of termination for a wrongful dismissal claim in court.

Shorter deadlines may apply for human rights complaints or union grievances.
It’s best not to wait.

10. What should I do if I’m terminated?

Don’t sign anything right away.

Gather your employment documents (offer letter, contracts, policies, pay stubs).

Contact a lawyer to understand your rights before making any decisions.