Toronto Employment Disputes Lawyer
Losing your job, or being pushed out of it, raises urgent questions about money and next steps. Powell Litigation represents employees and employers across Toronto and Ontario in wrongful dismissal, constructive dismissal, severance, harassment and employment contract disputes.
If you have received a severance offer, start with the calculator below, then contact us to book a consultation to have the offer reviewed before you sign.
Ontario Severance Pay Calculator
Use Powell Litigation’s Ontario Severance Pay Calculator to estimate the severance and termination pay you may be entitled to after losing your job. The calculator considers factors such as your age, length of service, position, compensation, employment contract, and the circumstances surrounding the end of your employment.
Ontario employees may have entitlements under the Employment Standards Act, 2000 as well as additional rights under common law. Use the severance calculator below for an initial estimate, but keep in mind that your actual entitlement will depend on the specific facts of your employment and termination.
Estimate
How Does the Ontario Severance Calculator Work?
Severance entitlements in Ontario are not determined by a single formula. Depending on your circumstances, your minimum entitlements under Ontario’s Employment Standards Act, 2000 may be different from the amount of notice or compensation you could potentially receive under common law.
Our Ontario severance calculator uses information about your employment to provide an initial estimate. Factors that may affect the estimate include your age, length of service, position and seniority, salary and other compensation, the terms of your employment contract, and how difficult it may be to find comparable employment.
If you were let go in the past few days, our guide to what to do in the first 72 hours after losing your job covers the steps that protect your entitlements before you sign anything.
For the factors behind that estimate, see how much severance you may be entitled to in Ontario and why the one-month-per-year rule of thumb misleads people.
What Is the Difference Between ESA and Common Law Severance?
Ontario’s employment standards legislation establishes minimum requirements for termination notice or pay and, when applicable, severance pay. These statutory minimums do not necessarily represent the full amount an employee may be entitled to receive.
Depending on the circumstances, an employee may have greater entitlements under common law. Common law notice is assessed using several factors rather than a fixed number of weeks or months for every employee. This is one reason it can be helpful to have a severance package reviewed before accepting an employer’s offer.
Statutory entitlements themselves come in two parts, and they are often confused with each other. Our article on termination pay vs severance pay in Ontario explains who qualifies for each and why many employees are entitled to both.
A first offer is often built on base salary alone. Our guide to what counts as compensation in a severance package covers the bonuses, commissions, equity and benefits that may also form part of your entitlement.
Free Ontario Wrongful Dismissal Guide
Want to better understand your rights after losing your job? Read Powell Litigation’s Wrongful Dismissal: A Plain-Language Guide to Your Rights in Ontario. The guide explains termination pay, severance pay, reasonable notice, constructive dismissal, mitigation, and what to consider before signing a severance offer.
Employment Disputes We Handle
Wrongful Dismissal
In Ontario, an employer can end employment without cause, but it must provide proper notice or pay instead of notice. A dismissal becomes wrongful when that notice falls short of what the law or your contract requires. We assess what you are owed and pursue the difference through negotiation or a claim.
Where an employer alleges just cause, the analysis is different. See fired for cause in Ontario.
Recently terminated? Start with these first steps after a layoff in Ontario.
Constructive Dismissal
You may have been constructively dismissed if your employer made a major change to your job without your agreement, such as cutting your pay, demoting you or changing your role significantly. A poisoned work environment can also qualify. These cases are fact-specific and timing matters, so get advice before you resign.
Severance Negotiations and Package Reviews
Many first severance offers reflect only the statutory minimum under the Employment Standards Act, 2000. We review the offer, your contract and the circumstances of your termination, then negotiate for what you may be entitled to under common law.
Sexual Harassment at Work
Sexual harassment at work can include unwanted comments about your body or appearance, repeated requests for dates, sexual jokes or images, unwanted touching, or a promise or threat tied to a sexual advance. Under Ontario’s Occupational Health and Safety Act, your employer must have a workplace harassment policy and program, and must investigate complaints appropriately. If your employer ignored what happened, handled the investigation poorly, or retaliated against you for reporting it, that can form the basis of a claim. Depending on the circumstances, the options may include an application to the Human Rights Tribunal of Ontario, a civil claim, or a negotiated resolution. If the harassment made your job intolerable and you left, you may also have a constructive dismissal claim.
Human Rights Claims at Work
Ontario’s Human Rights Code prohibits discrimination in employment on grounds including disability, sex and pregnancy, family status, age, race, ancestry, place of origin, ethnic origin, creed, citizenship, sexual orientation, gender identity, gender expression, marital status and record of offences. Discrimination can take the form of being fired or passed over, being treated differently after disclosing a medical condition or pregnancy, or an employer refusing to accommodate a disability or caregiving obligation to the point of undue hardship. Applications to the Human Rights Tribunal of Ontario generally must be filed within one year of the last incident. A tribunal can order lost wages, compensation for injury to dignity, feelings and self-respect, and changes to the employer’s practices. A human rights issue can also run alongside a wrongful dismissal claim, and we assess which route fits your situation.
Employment Contracts and Unpaid Wages
We handle unpaid wages, overtime, commissions and bonuses, and disputes over employment agreements, including termination clauses and restrictive covenants.
A termination clause in your contract may limit what you receive when the employment ends, but only if it is enforceable. See why your employment contract might not limit your severance.
Reviewing a New Offer of Employment
The time to deal with a termination clause is before you sign, not after you are let go. A well-drafted clause can limit your severance to the minimums under the Employment Standards Act, 2000, which may be a fraction of what you would otherwise receive under common law. We review offers of employment before you accept and flag the terms that matter most:
- Termination clause: whether it limits your entitlements, and whether it is likely to be enforceable.
- Restrictive covenants: Ontario prohibits non-compete agreements for most employees, with limited exceptions such as executives and the sale of a business. Non-solicitation clauses remain enforceable if reasonable.
- Probation: what a probationary period actually allows your employer to do.
- Bonus, commission and equity terms: in particular, whether you still qualify if you leave or are terminated partway through a period.
- Changes after you start: if you are asked to sign a new agreement once you are already employed, it may be unenforceable unless your employer gives you something in return.
A review before signing is far less expensive than a dispute later.
Representing Employees and Employers
Most of our employment work is for employees facing a termination or a workplace problem. We also advise employers on terminations, severance packages and responding to claims. Each side benefits from knowing early how a court would likely view the dispute.
How We Handle an Employment Dispute
At Powell Litigation, we believe every employment dispute requires a tailored strategy. Our process as your Toronto Employment Disputes Lawyer maximizes efficiency and effectiveness:
- Review: We go through your contract, termination letter, pay records and any severance offer.
- Assess: We estimate your statutory and common law entitlements and identify issues such as an unenforceable termination clause.
- Negotiate: Most disputes settle. We make a demand to the employer or its lawyer and negotiate or mediate toward a resolution.
- Litigate if needed: If a fair settlement isn’t possible, we file a claim and represent you in the Ontario Superior Court of Justice or Small Claims Court.
Deadlines That Can Affect Your Claim
Employment claims in Ontario have time limits, and missing one can end a claim entirely.
- Wrongful dismissal lawsuit: generally 2 years from the date of termination.
- Human Rights Tribunal application: generally 1 year from the last incident of discrimination or harassment.
- Employment standards complaint (Ministry of Labour): generally 2 years.
If your employer has asked you to sign a release, don’t sign until the offer has been reviewed. Signing usually ends your right to claim more.
Why Clients Choose Powell Litigation
- A litigation-only firm: We focus on resolving disputes, and we prepare every file as if it may go to court.
- Two Toronto offices: Downtown on Richmond Street West and in North York on Yonge Street, with phone and Zoom consultations available.
- Client feedback: A 4.9 rating across more than 500 Google reviews and an A+ rating with the Better Business Bureau.
- Clear communication: You’ll know your options, the likely range of outcomes and the cost before you decide how to proceed.
Client Testimonials
See what our previous clients have to say about their experience with us:
See more of our client testimonials here.
Speak With a Toronto Employment Lawyer
If you’ve been terminated, received a severance offer or are dealing with a workplace dispute, talk to us before you sign anything. Book a consultation or call (437) 222-2234. We offer in-person, phone and Zoom consultations.
80 Richmond St W Suite 1300, Toronto, ON M5H 2A4, Canada
4950 Yonge St Suite 2200, North York, ON M2N 6K1, Canada
Phone: (437) 222-2234
Toronto Employment Disputes and Severance FAQs
How is severance pay calculated in Ontario?
Severance in Ontario comes from two sources. The Employment Standards Act, 2000 (ESA) sets minimums: termination pay of up to 8 weeks, plus statutory severance pay of one week per year of service (up to 26 weeks) for employees who qualify. Common law notice is often much higher and is based on your age, length of service, position and how hard it will be to find similar work. Our Ontario Severance Pay Calculator gives an initial estimate of both.
How many weeks of severance am I entitled to in Ontario?
Under the ESA, termination pay ranges from 1 week (3 months to 1 year of service) to 8 weeks (8 or more years). If you qualify for statutory severance pay, you receive about one additional week per year of service, capped at 26 weeks. Common law notice is assessed case by case and can reach up to around 24 months for long-serving or senior employees, unless an enforceable contract limits it.
What is the difference between termination pay and severance pay in Ontario?
Termination pay replaces the working notice your employer didn't give you, and almost every employee with 3 or more months of service is entitled to it. Statutory severance pay is a separate payment that applies only if you have 5 or more years of service and your employer has a payroll of $2.5 million or more, or ended the employment of 50 or more people in six months because part of the business closed. Many employees qualify for both.
Our article on termination pay vs severance pay in Ontario covers both entitlements in detail.
Should I sign my employer's severance offer?
Not before having it reviewed. First offers often reflect only the ESA minimums, and signing the release that comes with them usually ends your right to claim more. Powell Litigation can review the offer, your contract and your termination, then negotiate with your employer if you may be owed more.
See what counts as compensation in a severance package for what to check before you sign.
What is constructive dismissal?
Constructive dismissal happens when your employer makes a significant change to your job without your agreement, such as reducing your pay, demoting you or making major changes to your duties. It can also arise from a poisoned or harassing work environment. The law treats it as a termination, so you may be entitled to the same compensation as someone who was fired. Speak to a lawyer before resigning.
Can my employer fire me without a reason in Ontario?
Yes, in most cases, as long as the reason isn't discriminatory or retaliatory. Without just cause, however, your employer must give proper notice or pay instead of notice. Termination for just cause, with nothing owed, is reserved for serious misconduct and is difficult for employers to prove.
How long do I have to make an employment claim in Ontario?
A wrongful dismissal lawsuit generally must be started within 2 years of your termination. A Human Rights Tribunal application generally must be filed within 1 year of the last incident. An employment standards complaint to the Ministry of Labour generally has a 2-year limit. Get advice early, because negotiations don't pause these deadlines.
What types of employment disputes does Powell Litigation handle?
We handle wrongful dismissal, constructive dismissal, severance negotiations, workplace harassment and discrimination, unpaid wages and commissions, and employment contract disputes, including termination clauses and new job offers. We represent employees and employers across Toronto and Ontario.
Can Powell Litigation help with a workplace harassment claim?
Yes. We review what happened, help you gather evidence and explain whether a Human Rights Tribunal application, a court claim or a negotiated resolution fits your situation. If the harassment led you to leave your job, it may also support a constructive dismissal claim.