Wrongful Dismissal Lawyers in Ontario
Losing your job is stressful enough without an employer shortchanging you on the way out. Azimi Law and Naimark Law Firm help Ontario employees understand what they are truly owed when their employment ends — and we are prepared to negotiate hard or litigate when an employer offers far less than the law requires.
Termination Without Cause Is Legal — Shortchanging You Is Not.
In Ontario, an employer can usually end a non-unionized employee's job without alleging any wrongdoing, but it cannot do so without paying for it. An employee dismissed without cause is generally entitled to reasonable notice of termination or pay in lieu of that notice. The amount many employers offer in a severance package is the legal minimum, or even less — and it is frequently well short of what the common law actually entitles you to receive.
The Employment Standards Act, 2000 sets only the floor. Your common-law entitlement to reasonable notice is usually larger and is assessed using the well-established "Bardal factors": your age, your length of service, the character of your employment, and the availability of similar work. A long-serving, senior, or older employee in a specialized role can be owed many months of notice — far more than the statutory minimum a quick severance letter tends to reflect.
Before turning to employees' rights work, Ryan Naimark spent roughly two decades representing the interests of insurers and defendants. That background gives our team an unusually clear view of how the other side evaluates a claim, what arguments it will raise, and where an initial offer leaves money on the table. Combined with Ben Azimi's advocacy, that perspective helps us press for what you are genuinely owed.
We also handle the situations that are not as obvious as a termination letter. A "for cause" allegation sets a very high bar that employers often cannot meet. A unilateral demotion, pay cut, or fundamental change to your role can amount to a constructive dismissal — a termination in everything but name. Whatever your circumstances, we will tell you plainly where you stand and what your options are.
Don't sign yet. Severance offers often include a deadline and a release. Before you accept or sign anything, have a lawyer review what you are actually owed. The first consultation is free.
Types of Wrongful Dismissal Matters We Handle
Employment ends in many ways, and each raises different rights. Understanding which situation applies to you is the first step toward recovering what you are owed.
Termination Without Cause
The most common scenario: you are let go without any allegation of misconduct. You are generally entitled to reasonable notice or pay in lieu, and the common-law amount usually exceeds the minimum many severance offers contain.
Disputed "For Cause" Dismissal
An employer that dismisses for cause may try to pay nothing. The legal threshold for cause is high, and employers frequently overstate it. We test the allegation rigorously and pursue your full entitlements where cause cannot be proven.
Constructive Dismissal
If your employer unilaterally imposes a fundamental change — a significant pay cut, a demotion, a forced relocation, or a toxic environment — you may have been constructively dismissed and entitled to treat your employment as ended.
Termination Clause Disputes
Many contracts try to limit your entitlement to the statutory minimum. Such clauses are often poorly drafted or unenforceable, in which case your full common-law notice may be revived. We scrutinize the language closely.
Bad-Faith & Aggravated Conduct
Where an employer acts in a misleading, insensitive, or unfair manner in the course of dismissing you, additional damages may be available beyond the value of your notice period.
Executive & Senior Exits
Senior employees and executives often have complex packages involving bonuses, equity, and incentive plans. These exits require careful analysis to capture every component of compensation you are owed.
Compensation Available in a Wrongful Dismissal Claim
A proper severance is more than a single number. We pursue every category of compensation that the common law and the Employment Standards Act, 2000 make available to you.
Pay in Lieu of Notice
The core of most claims: payment for the reasonable notice period you should have received. Calculated using the Bardal factors, this commonly exceeds the statutory minimum and forms the largest part of your entitlement.
Statutory Severance Pay
The Employment Standards Act, 2000 provides for statutory termination pay and, for qualifying employees of larger employers with sufficient service, separate severance pay. These minimums apply on top of your other entitlements.
Continued Benefits
Your entitlement during the notice period can include the value of benefits you lost — such as health and dental coverage and pension contributions — not just base salary.
Bonus & Incentive Compensation
Bonuses, commissions, and incentive payments you would reasonably have earned during the notice period are often recoverable, depending on the terms of the plan and how it is drafted.
Aggravated & Bad-Faith Damages
Where an employer handles the dismissal in an unfair, dishonest, or insensitive way, the court may award additional damages above and beyond the value of the notice period.
Reduced by the Duty to Mitigate
You have a duty to take reasonable steps to find comparable work, and earnings from new employment during the notice period can reduce the claim. We help you understand how mitigation affects your case.
The Legal Process & Critical Deadlines
A wrongful dismissal claim moves deliberately, and early advice protects you from accepting too little or missing a deadline that could bar your claim.
Get Advice Before You Sign
Do not accept a severance offer or sign a release until you understand what you are owed. The first consultation is free, and an offer with a deadline is rarely as final as it appears.
Assess Your True Entitlement
We review your contract, length of service, age, and role to estimate your reasonable notice under the Bardal factors and to identify every component of compensation you are owed.
Demand & Negotiate
We present a well-supported demand to your employer and negotiate from a position of strength, using our understanding of how the other side values these claims.
Mitigate Your Loss
While your claim proceeds, we explain your duty to look for comparable work and how new earnings interact with what you can recover, so you make informed decisions.
Litigate Where Necessary
If a fair resolution cannot be reached, we are prepared to commence and prosecute a claim. That readiness encourages employers to settle on reasonable terms.
Two-year limitation. A wrongful dismissal claim must generally be commenced within two years of the termination under the Limitations Act, 2002. Separately, the Employment Standards Act, 2000 sets its own timelines for any complaint filed with the Ministry, and you cannot pursue both an ESA complaint and a court action for the same termination pay. Speak with us before any deadline narrows your options.
Why Dismissed Employees Choose Azimi Law & Naimark Law Firm
We Know the Other Side's Playbook
Ryan Naimark spent 20 years on the defence side. That experience now shapes how we value your claim and anticipate the arguments an employer will raise against it.
We Are Trial Lawyers
We prepare each file as though it will be litigated, not just negotiated. That readiness is what persuades employers to improve a lowball severance offer.
Two Firms, Combined Depth
Azimi Law and Naimark Law Firm join forces so your matter has the resources and bench strength of two established Ontario trial practices.
No Win, No Fee
You pay nothing up front and no legal fees unless we recover for you. We fund the disbursements required to advance your claim.
Frequently Asked Questions
My employer says my severance offer is "standard." Should I just accept it?+
Not without advice. Many severance offers reflect only the statutory minimum, or even less, while your common-law entitlement to reasonable notice is frequently much larger. Offers also tend to come with a deadline and a release that, once signed, can end your right to claim more. A free review lets you understand what you are truly owed before you decide.
How is reasonable notice calculated in Ontario?+
Common-law reasonable notice is assessed using the "Bardal factors": your age, your length of service, the character of your employment, and the availability of similar work. There is no fixed formula — these factors are weighed together. The result is usually greater than the Employment Standards Act, 2000 minimum, sometimes substantially so for long-serving or senior employees.
What does it mean to be terminated "for cause"?+
Termination for cause means the employer alleges misconduct serious enough to justify dismissal without notice or pay in lieu. The legal threshold is high, and employers often assert cause where it cannot actually be proven. If a court finds the cause allegation fails, you may be entitled to your full notice entitlements.
What is constructive dismissal?+
Constructive dismissal occurs when an employer unilaterally makes a fundamental change to your employment — such as a significant pay cut, a demotion, a forced relocation, or a poisoned work environment — that goes to the heart of the contract. In that situation you may be entitled to treat your employment as terminated and claim as though you had been dismissed without cause.
Do I have to look for a new job while I pursue a claim?+
Generally, yes. You have a duty to take reasonable steps to find comparable employment, and earnings you make during the notice period can reduce what you recover. This does not mean you must accept any job at any wage. We explain how mitigation works so you can make informed choices while your claim proceeds.
My contract limits my severance to the statutory minimum. Is that enforceable?+
Sometimes, but not always. Termination clauses are frequently drafted in ways that make them unenforceable, in which case your full common-law notice entitlement can be revived. We review the precise wording of your contract closely, because a single defective clause can substantially change what you are owed.
How long do I have to bring a wrongful dismissal claim?+
The general limitation period is two years from the date of termination under the Limitations Act, 2002. If you instead file a complaint under the Employment Standards Act, 2000, different timelines apply, and you cannot pursue both an ESA complaint and a court claim for the same termination pay. Because these deadlines matter, it is best to seek advice promptly.
What does it cost to hire you?+
Nothing up front. We work on a contingency fee basis, meaning our legal fee is a percentage of what we recover for you, and the firm funds the disbursements required to advance your claim. If there is no recovery, you owe no legal fees. We explain the agreement in plain language before you sign anything.
Dismissed From Your Job? Find Out What You're Really Owed.
Free consultation. No obligation. No win, no fee. Available 24 / 7 / 365.