Wrongfully Dismissed in Vaughan? Here's What Ontario Employees Should Know


Wrongfully Dismissed in Vaughan? Here's What Ontario Employees Should Know

If you were let go in Vaughan and told the severance offered was standard, or that nothing more applied because of how the termination was framed, Ontario law frequently produces a different answer. A termination is wrongful when proper notice or pay in lieu was not provided, regardless of the reason your employer gave. Five checks determine whether the offer you received actually reflects what the law requires.

Most Vaughan employees who accept a severance offer at face value have not had those five checks done. This guide walks through each one.

About Taman Singh

I practice employment law at RZCD Law Firm LLP in Mississauga and Brampton, a firm that has served the Greater Toronto Area since 1993.

I represent non-unionized employees. Not employers.

The Vaughan files that come to me usually follow a similar pattern. Someone accepted a severance offer described as fair, and it was not until later, sometimes months later, that they learned the number fell short of what Ontario law actually required. By then, the file is more complicated than it needed to be.

I work with clients in English, Hindi, Punjabi, and Urdu. Here is what to check before accepting a severance offer as final.

Why "that's what everyone gets" is rarely the right answer

Most Vaughan employers who offer a flat severance number are working from a simplified assumption: a set formula applies regardless of the individual employee. That assumption misses two things Ontario law is clear about.

The ESA sets a floor, not a ceiling. One week per year of service, capped at eight weeks, is the statutory minimum. It applies regardless of role or seniority. It is not, on its own, a full calculation of what any individual employee is owed.

Common law goes further. Unless your employment contract contains a valid clause limiting you to ESA minimums, and many Vaughan contracts do not, you may be entitled to reasonable notice under common law. That figure is based on your age, position, length of service, and how realistic it is that you will find comparable work, and it is often significantly higher than the ESA number alone.

Two separate legal frameworks. Either one can produce an entitlement larger than what was offered.

Five checks before accepting a severance offer as final

Check 1: Does your contract actually limit you to the ESA minimum? Many Vaughan employment contracts, particularly older ones, do not contain a termination clause that properly and legally limits entitlements to the statutory minimum. Where that language is missing or unenforceable, common law notice applies in full.

Check 2: Was the cause actually established, or just claimed? Causation is a high legal bar in Ontario, reserved for serious, well-documented misconduct. If your termination letter cites cause without much behind it, the dismissal may not legally qualify, which means full notice or pay in lieu may still be owed.

Check 3: Does the offer include everything you are owed, not just salary? Bonuses or commissions that would have vested during a proper notice period, benefits continuation, and unused vacation pay are the components most frequently left out of a first offer. A number that only reflects base pay is usually incomplete.

Check 4: Were you pushed to resign rather than formally let go? A significant pay cut, a demotion, or a workplace that became difficult enough that leaving felt like the only option can amount to constructive dismissal. Ontario law can treat this the same as a formal termination, even without a letter using the word "fired".

Check 5: Were you given real time to review the offer or a pressure deadline? A tight signing window, 24 or 48 hours, is common and is not something Ontario law requires. You generally have up to two years to bring a wrongful dismissal claim, so there is rarely a genuine reason to sign within a day or two.

Go through these five before treating the offer as final.

Signing does not end the conversation the way most people assume

Some Vaughan employees who call me have already signed a release. They assume that closes the matter entirely.

What they often do not realize is that a signature does not retroactively make an inadequate offer adequate. Whether a signed release holds up can depend on how it was presented, how much time was given to review it, and whether the terms were properly explained. It is not automatically the end of the file, though the sooner it is reviewed, the more options generally remain.

3 things I tell every Vaughan client evaluating a severance offer

1. A number that looks reasonable is not the same as a correct number. Severance offers are often built to sound fair without reflecting a real calculation of age, tenure, and role. Those are two different things, and only one of them is what Ontario law actually requires.

2. Verbal reassurances about your position do not change your legal entitlement. Being told the offer is "standard" or "what everyone gets" has no bearing on what a court would actually award based on your specific circumstances.

3. The longer you wait to have it reviewed, the more complicated the file can become. Evidence fades, and once a release is signed, options narrow. Acting while the situation is fresh produces a cleaner outcome than acting months later.

Before you accept the offer as final

What your employer offered and what Ontario law produces are frequently two different numbers. In most Vaughan files where an employee accepted a severance offer at face value, at least one of the five checks above would have changed the outcome.

Talk to an employment lawyer before you accept a severance offer as final. For a full breakdown of your rights and what a fair package should include, visit Wrongful Dismissal in Vaughan.

I represent non-unionized employees only, never employers. My practice is in Brampton and Mississauga. I work with clients in English, Hindi, Punjabi, and Urdu.


About the Author

Taman Singh is an employment lawyer with a focused practice in wrongful dismissal and severance negotiations. He is dedicated to advocating for employees and ensuring they receive the compensation they are rightfully owed. With a sharp understanding of Ontario employment law and a results-driven approach, Taman consistently helps clients navigate complex workplace disputes and maximise their severance packages.

Frequently Asked Questions

What are my rights if I am wrongfully dismissed in Ontario? You're entitled to reasonable notice or pay in place of it, whichever is higher under the ESA or common law. You also have up to two years to bring a claim.

What is wrongful dismissal? It's when an employer ends your employment without giving proper notice or fair pay in lieu, regardless of the reason given.

How much is a wrongful dismissal payout in Ontario? It depends on your age, tenure, and role. The ESA minimum caps at eight weeks, but common law entitlements are usually much higher.

What is the maximum payout for wrongful dismissal? There's no fixed legal cap. Notice periods rarely exceed about 24 months, but that's a general pattern, not a hard limit.

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