A dismissal is not automatically wrongful because it is unexpected. For many non-unionized Ontario employees, the key issue is whether the employer met its obligations concerning notice or compensation. The employment contract, applicable legislation, alleged cause and circumstances of the termination all matter.
A substantial change to employment terms can raise a constructive-dismissal issue, but the effect must be assessed before assuming that resignation is the right response. Unionized employees and employees in federally regulated workplaces may have different rights and procedures.
Sources: Ontario: Termination of employment
Start with unpaid wages and vacation pay, then assess the applicable statutory termination and benefit-continuation obligations. ESA severance pay is a separate statutory entitlement with its own eligibility conditions; it is not owed to every dismissed employee. Qualifying service and the employer’s payroll or business-closure circumstances can matter.
Contractual or common-law notice can exceed statutory minimums, but an enforceable contract may affect entitlement. Courts assess reasonable notice individually, considering service, age, the nature of the employment and opportunities for comparable work. There is no fixed month-per-year rule. Review the package as a whole to avoid confusing overlapping payments with additional entitlements.
Sources: Ontario: Severance pay · Supreme Court of Canada: Honda Canada Inc. v. Keays, 2008 SCC 39, paragraphs 25–32 · Ontario: Termination of employment
Collect the signed employment agreement and amendments, termination letter, offer and release, recent pay records, benefit details and relevant correspondence. Make a simple chronology of your role, compensation and any recent changes. Identify any deadline the employer has put on its offer.
Get advice before choosing between an employment-standards claim and a civil wrongful-dismissal action. Ontario’s guide warns that an employee cannot pursue both for the same termination or severance entitlements. A package review should explain the available route, the evidence required and the consequences of signing a release.
Sources: Ontario: Termination of employment
General information for Ontario readers, prepared October 1, 2026. This is not legal advice. The facts, policy wording and applicable deadlines must be reviewed for an individual claim. Contacting the firm does not by itself create a lawyer-client relationship.
Contact Krylov Lam & Company for a free, no-obligation consultation about your case. Call toll-free 1 844 649 0003 or in Toronto 416 649 0000.
