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What To Do When You Get Fired: How We Can Help
Process
Our approach to post-termination cases is methodical and client-focused. The process begins with a secure, confidential intake to gather all relevant documents, including your employment contract, termination letter, and any prior correspondence. We then conduct a preliminary legal analysis against applicable standards like the common law principle of reasonable notice and statutory minimums under the Canada Labour Code or provincial Employment Standards Acts. A key step is calculating potential severance entitlements, which we detail in our guide on How Is Severance Pay Calculated. We then develop a strategic plan, which may involve negotiation, drafting a formal demand letter, or preparing for litigation, always aiming for the most efficient and favorable resolution for the client.
At a Glance
| Parameter | Reference Value |
|---|---|
| Typical Case Review Timeline | 1-3 business days |
| Common Law Notice Period Range | 1-24 months |
| Statutory Minimum Notice (Federal) | 2 weeks after 1 year |
| Key Document Checklist Items | 5-7 core documents |
Local Considerations — Canada
Employment law varies significantly across Canada, primarily between federal jurisdiction and the provinces and territories. For instance, an employee in Toronto falls under Ontario's Employment Standards Act, 2000, while someone in Vancouver is governed by British Columbia's Employment Standards Act. Federal employees nationwide are covered by the Canada Labour Code. Key industrial regions and major urban centers like Calgary, Montreal, and Halifax often see complex cases involving executive compensation, restrictive covenants, and sector-specific regulations. Our national practice is structured to provide precise advice based on the jurisdiction governing your employment, ensuring strategies are tailored to local legal precedents and statutory frameworks.
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Standards & Compliance
- Canada Labour Code (R.S.C., 1985, c. L-2)
- Provincial Employment Standards Acts (e.g., Ontario ESA, 2000)
- Common Law Principles of Reasonable Notice
- Human Rights Acts (Federal & Provincial)
Frequently Asked Questions
What is the first thing I should do after being fired?
Remain calm and avoid signing anything immediately. Securely collect all your employment documents, including your contract, the termination letter, pay stubs, and any performance reviews or relevant emails. This documentation is essential for any lawyer to provide accurate initial advice on your situation.
What is the difference between wrongful dismissal and termination without cause?
In Canada, an employer can terminate without cause but must provide proper notice or pay in lieu. Wrongful dismissal occurs when the termination itself is illegal (e.g., discriminatory) or when the notice/severance provided is legally insufficient. Most disputes involve the adequacy of the severance package offered.
How long do I have to take legal action after being fired?
Limitation periods vary by province and the nature of the claim. For many wrongful dismissal claims, you typically have two years from the date of termination to file a lawsuit. However, some human rights claims have much shorter deadlines, so seeking prompt legal advice is critical.
How much does it cost to consult an employment lawyer in Canada?
Many employment lawyers offer a free or low-cost initial consultation. Subsequent fees depend on case complexity, whether matters are resolved via negotiation or litigation, and the lawyer's billing model (hourly or contingency). For straightforward severance negotiations, costs are often contained. We provide specific, transparent fee estimates after reviewing your case details.