Standing up for employees, across Canada.

It depends on factors like your age, role, length of service, and how easily you could find comparable work; the same factors courts weigh under common law. Many employees are entitled to significantly more than the minimums set out in the Employment Standards Act, 2000 (the “ESA”). Courts have awarded severance packages as high as 24-26 months of total compensation, in recent years. The only way to know your specific entitlement is a case-by-case review.

Wrongful dismissal happens when you're let go without proper notice or cause. Constructive dismissal happens when your employer unilaterally changes a fundamental term of your job (pay, role, demotion, or location) or causes a toxic working environment (such as through bullying and harassment, being overworked, or micromanaged), significantly enough that it amounts to ending the employment relationship, even though you were never formally fired.

In most cases, yes, an employer can generally end your employment without cause, provided they give adequate notice or pay in lieu (i.e., severance), subject to exceptions like human rights protections, job-protected leaves of absence (such as parental leave, sick leave, etc.) and the terms of your employment contract.

The ESA sets minimum notice and severance requirements: a floor, not a ceiling. Common law reasonable notice, determined by a court based on factors like age, position, and length of service, is often considerably higher than the ESA minimums, unless a valid, enforceable contract limits you to the statutory minimums. Courts have awarded total severance packages as high as 24-26 months of total compensation, in recent years.

Possibly. If you work in a federally regulated industry, such as banking, air travel, rail, interprovincial trucking, telecommunications, or broadcasting, your minimum rights come from the federal Canada Labour Code rather than Ontario's Employment Standards Act, 2000. That regime has its own notice and severance minimums, and a distinctive “unjust dismissal” process that can lead to reinstatement, with a short 90-day filing deadline. You may also be owed more under the common law. It's worth confirming which regime applies and getting advice promptly.

You're not required to, but initial offers typically reflect only what an employer believes it can get away with. A lawyer can quickly assess whether an offer is fair and negotiate for what the law actually supports.

Deadlines vary by claim type. Wrongful dismissal claims generally fall under a two-year limitation period, but other claims, like Human Rights Applications, have shorter windows. Speak with a lawyer at Pelsmakher Law as soon as possible after a dismissal to avoid missing a deadline.

The Code prohibits discrimination and harassment in employment based on protected grounds including race, sex, age, disability, family status, and religion, among others. This can include unequal treatment, a poisoned work environment, or a failure to accommodate a disability.

We'd recommend against it. Once signed, a severance agreement is typically final and difficult to undo, even if the offer was less than you were entitled to. Most employers build in a review period specifically so you can get legal advice before signing.