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Employment Law

You were fired - was it lawful, and what are you owed?

Being dismissed without cause is generally lawful in Canada, but it is almost never free: the employer owes reasonable notice or pay in lieu unless a valid termination clause limits it. Wrongful dismissal is not about whether you could be fired - it is about whether you were paid what the law requires. The single most valuable thing to check is the termination clause, because a clause that could pay less than the employment-standards minimum in any circumstance is frequently void in its entirety, which restores full common-law notice.

What to do next

  1. Do not sign anything yet

    Severance offers routinely include a release of all claims and a short deadline. Signing ends your ability to claim more. You are entitled to take the document away and get advice, and asking for time is normal rather than adversarial.

  2. Find the employment contract and the termination clause

    This decides more money than any other document. Without an enforceable clause you are owed common-law reasonable notice, assessed on length of service, age, role and comparable job availability - frequently far more than the statutory minimum the employer offered.

  3. Work out what should be included

    Notice is not just base salary. Bonus, commission, car allowance, pension and benefit continuation through the notice period are often payable, and a bonus described as discretionary but paid consistently for years is commonly found to be an integral part of compensation.

  4. Gather the documents a lawyer will ask for

    Employment contract and any amendments, offer letter, the termination letter and severance offer, recent pay statements, bonus history, benefits summary, and any performance reviews or correspondence about your conduct.

  5. Understand the deadline and the duty to mitigate

    Limitation periods are short and vary by province, and separate statutory complaints have their own shorter windows. You are also expected to look for comparable work - keep a record of applications, because failing to mitigate reduces what a court will award.

Frequently asked questions

What kind of lawyer do I need?

An employment lawyer acting for employees. Many offer a fixed-fee review of a severance offer, and some act on contingency. Review before signing is far cheaper than litigation afterwards.

Can I be fired without a reason?

In most of Canada yes, without cause, provided you receive proper notice or pay in lieu. Dismissal for a discriminatory reason or as reprisal for asserting a legal right is different and unlawful.

Is the severance offer usually the maximum?

Not necessarily. Initial offers frequently reflect the statutory minimum rather than common-law entitlement. Whether more is owed depends on the contract and your circumstances, which is what a review establishes.

Which court or tribunal handles this?

A common-law wrongful dismissal claim goes to the superior court of your province, or small claims where the amount fits. Statutory complaints go elsewhere - employment standards bodies, the CNESST in Quebec, or a labour board - and the routes can be mutually exclusive.

How long do I have?

Limitation periods are provincial and short, and statutory complaints are shorter still. Treat the termination date as the start of a clock and get advice promptly.

This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.

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Where this is decided

All courts & tribunals

If your issue involves a company or institution, the Employment consumer rights section sets out how to escalate and who regulates it.

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