Frequently Asked Questions
Everything you need to know about severance, wrongful dismissal, and how we can help.
About FairSeverance.ca
FairSeverance.ca is a free service that looks for suitable employment lawyers for employees who have been terminated or laid off in the Greater Toronto Area. We are a matching service, not a law firm.
Yes, our matching service is free for employees. There is no cost to submit your information and no obligation to hire a lawyer. Legal work is separate: confirm consultation availability, scope, and fees directly with the lawyer before proceeding.
Lawyers pay a referral fee for qualified leads. This allows us to provide our service free to employees while ensuring lawyers receive pre-qualified leads for their practice.
We aim to respond within 24 hours. Response times may vary. We look for a lawyer whose practice fits your needs, but sometimes a suitable lawyer is not available to help. Have an urgent deadline? Seek legal help directly rather than waiting for a match.
We serve the entire Greater Toronto Area including Toronto, Mississauga, Brampton, Markham, Vaughan, Richmond Hill, Oakville, Burlington, and surrounding cities. Our network includes lawyers who can assist employees across Ontario.
No. You choose whether to hire a lawyer after discussing your needs. Using our matching service leaves that decision entirely with you.
Wrongful Dismissal & Severance
Wrongful dismissal occurs when an employer terminates an employee without providing adequate notice or severance pay. In Ontario, employees are entitled to "reasonable notice" based on factors like age, position, length of service, and the availability of similar employment. Wrongful dismissal claims can recover the difference between what you were offered and what you're legally entitled to.
Your severance entitlement depends on several factors: your age, years of service, position/seniority, salary, and the availability of similar employment. While the Employment Standards Act provides minimum requirements (up to 8 weeks), common law can entitle you to up to 24 months or more of pay. An employment lawyer can provide an accurate assessment.
We strongly recommend having an employment lawyer review any severance offer before signing. Initial offers are often negotiable, and signing a release typically waives your right to pursue additional compensation. Many employees receive significantly more after legal negotiation.
Even if you've signed, there may still be options. Some releases can be challenged, especially if they were signed under duress, without adequate time to consider, or without legal advice. Contact a lawyer to review your specific situation.
Constructive dismissal occurs when your employer makes significant changes to your employment without your consent - such as demoting you, reducing your pay, changing your role substantially, or creating a hostile work environment. These changes can give you the right to treat the employment as terminated and claim severance.
Do I Need a Lawyer?
A lawyer can help assess whether an offer reflects your entitlements and whether further action makes financial sense. They can weigh the potential benefit of negotiating against the costs involved.
Even if your offer seems fair, there may be additional entitlements you're not aware of - such as bonuses, stock options, benefits continuation, or a higher notice period based on common law. A lawyer can quickly assess whether your offer matches your legal entitlements.
Yes, your compensation level significantly impacts your severance calculation. Senior professionals and executives often have additional considerations like stock options, RSUs, bonuses, and longer notice periods. These cases often benefit most from legal expertise.
"For cause" terminations have a very high legal threshold in Ontario. Many employers claim cause but can't legally prove it. If you were terminated for cause without severance, you should definitely consult a lawyer - you may still be entitled to full severance pay.
The Process & Costs
Employment lawyers often work on contingency for wrongful dismissal cases - they take a percentage (typically 25-35%) of what they recover for you. This means no upfront costs and you only pay if they win. Some also offer flat fees or hourly rates depending on the situation.
A consultation is a chance to discuss your situation, legal options, potential entitlements, and fees. Each lawyer decides whether they can offer a consultation and take on your matter, so confirm the details with them before proceeding.
Many severance negotiations are resolved within weeks through negotiation. If a matter proceeds to litigation, it can take several months to over a year. Most cases settle without going to trial, and your lawyer will work to resolve your matter as efficiently as possible.
Helpful documents include: your employment contract, the termination letter, any severance offer you received, recent pay stubs, and any correspondence with your employer. Don't worry if you don't have everything - a lawyer can still assess your situation.