Losing your job or being treated unfairly at work is more than a legal issue—it affects your family, finances, and confidence. At UL Lawyers, we take that personally. We explain your rights in plain English, give you practical next steps, and advocate for the outcome you deserve.
Start here if you were just terminated
- Don't sign anything yet. Deadlines are short, but your options shrink once you sign a release.
- Gather: your employment contract(s), termination letter, latest offer letter, bonus/commission plan, last 3 pay stubs, benefits booklet.
- We can usually review the same day and give you a clear plan—what to accept, what to negotiate, and why.
- Ready now? Call 905‑744‑8888 or visit ullaw.ca.
What we do
- Wrongful dismissal and constructive dismissal
- Severance package review and negotiation
- Workplace harassment and discrimination (Human Rights Code/OHSA)
- Unpaid wages, overtime, vacation and public holiday pay (ESA)
- Long‑term disability and insurance denials, CPP Disability
- Employment contracts, non‑solicit/confidentiality, workplace investigations
Wrongful and constructive dismissal: protect your leverage
- Wrongful dismissal means you weren't given proper notice or pay in lieu under your contract and Ontario law. Even if you received an offer, it may be short of what you're owed at common law.
- Constructive dismissal happens when your employer makes major unilateral changes to essential terms (pay, duties, hours) or a course of conduct makes continuing unreasonable. Get advice before you resign—timing and how you respond matter. The law looks at whether the change is substantial and whether you "condoned" it; you also have a duty to mitigate by searching for comparable work.
- Translation: don't rush. A quick conversation often saves months of stress and preserves your claim.
Severance in Ontario: what's actually owed
There are three layers to understand:
- ESA termination pay (in lieu of notice)
- Minimums only. Up to 8 weeks, depending on length of service.
- ESA severance pay (separate from termination pay)
- Applies if you have 5+ years of service and your employer meets certain criteria (e.g., Ontario payroll size or certain mass/closure situations).
- Amount: one week per year of service (pro‑rated) up to 26 weeks.
- Common law reasonable notice
- Often significantly higher than ESA minimums. Courts look at the "Bardal" factors: your age, position, length of service, and how hard it will be to find comparable work in your market.
- Many termination clauses are struck down if any part contravenes the ESA (the "Waksdale" line of cases), which can open the door to common law entitlements.
Severance checklist we run through for you
- Contract terms: Is the termination clause enforceable?
- ESA compliance: Are termination pay and (if eligible) ESA severance correctly calculated?
- Common law notice: Are you owed more than the ESA minimums?
- Benefits: Are benefits continued for the full notice period?
- Bonuses/commissions: Are they integral to your pay? Under recent case law, you may be entitled through the notice period unless the plan clearly and lawfully excludes it.
- Restrictive covenants: In Ontario, most new non‑compete clauses are banned (since Oct 2021) except for executives and sale‑of‑business scenarios. Non‑solicit and confidentiality terms can still be enforceable if they're reasonable.
- Release language: Are you giving up rights you shouldn't? Any non‑disparagement, repayment, or reference traps?
Quick reference: severance components
|
|
| Component |
Ontario baseline |
What we examine |
| ESA termination pay |
Up to 8 weeks |
Correct service calculation; vacation on pay |
| ESA severance pay |
1 week/year (to 26) if eligible |
Employer eligibility and pro‑rating |
| Common law notice |
Often higher than ESA |
Bardal factors and job‑market realities |
| Benefits |
Continued during notice period |
Health/dental/LTD continuation and cost |
| Bonus/commission |
Often disputed |
Plan language vs "integral" compensation |
| Restrictive covenants |
Non‑competes largely banned |
Scope, duration, and enforceability |
| Release/waivers |
Usually required |
Scope, non‑disparagement, references |
Unpaid wages, overtime, vacation, public holidays
- Overtime: Most employees earn 1.5× regular pay after 44 hours per week. Some roles (e.g., certain managers/professionals) are exempt.
- Vacation: At least 2 weeks/4% of gross pay, increasing to 3 weeks/6% after 5 years of service.
- Public holidays: Ontario recognizes nine ESA public holidays; eligibility and substitute rules apply.
- If you were shorted on wages, vacation, overtime, or holiday pay, we'll help you choose between an ESA claim and a civil claim so you don't jeopardize broader remedies.
Harassment, discrimination, and safety at work
- Ontario's Human Rights Code and the Occupational Health and Safety Act protect you from discrimination, bullying, and reprisal. Employers must have policies and investigate complaints.
- We help you report concerns, pursue accommodations, and file Human Rights Tribunal (HRTO) applications when needed. If you faced retaliation after speaking up, we act quickly to protect your position and claim damages where appropriate.
Insurance denials and CPP Disability
- When LTD or other benefits are denied or cut off, you're suddenly fighting an insurer while managing your health and finances. We gather the medical evidence, challenge improper denials, and negotiate hard—litigate if necessary. We also help coordinate CPP Disability applications where that supports your case and income.
Deadlines and elections: don't miss these
- Civil wrongful dismissal: generally 2 years from the date of termination.
- HRTO: generally 1 year from the last discriminatory incident.
- ESA wage claims: generally 2 years. You typically must choose between an ESA claim and a civil action for the same issue; choosing the wrong path can limit your recovery.
- Insurance policies: contractual time limits vary—move quickly.
What it's like to work with us
- A focused first meeting: We listen first, then map your options with pros/cons and a proposed negotiation strategy.
- Plain‑English deliverables: You'll get a clear memo of your rights and a step‑by‑step plan—no jargon.
- Fast response: We aim to return calls within one business day and move quickly on severance deadlines.
- Transparent fees: We explain fees up front before any decision is needed.
Local insight that matters
- We regularly assist employees from Burlington's manufacturing corridor near Harvester Road and the QEW, tech and engineering roles along the Lakeshore/QEW corridor, healthcare and education across Halton, and retail/warehouse hubs around Brant Street.
- Many matters resolve through negotiation or mediation; when litigation is required, Burlington‑area civil cases typically proceed in Halton Region. HRTO matters are province‑wide and often virtual.
A note on non‑competes in Ontario
Most new non‑compete clauses have been banned since late 2021, with narrow exceptions for certain executives and sale‑of‑business deals. Non‑solicit and confidentiality clauses still matter and may be enforceable if they're reasonable. Bring us the fine print—we'll separate enforceable from overreach.
Why choose UL Lawyers
- Skilled advocacy, humane approach: You get both. We fight for a fair result and treat you with respect throughout.
- Burlington‑focused: We understand local industries and hiring realities, which helps us value claims and negotiate effectively.
- Team you can reach: Clear timelines, fast communication, and a plan you can follow.