Fired without cause in Ontario: what you may be owed

Minimum notice and severance under the ESA, why you may be owed more, and the 2-year deadlines.

By Jatinder Kumar Kataria, Barrister & Solicitor · Last reviewed October 2026 · 5 min read

In Ontario, an employer can usually end your employment without a reason, but it must give you proper notice or pay instead. What you are owed depends on the law, your contract and your situation.

Minimum notice under the Employment Standards Act

After three months of work, the minimum notice (or pay in lieu) is:

  • Less than 1 year: 1 week
  • 1 to under 3 years: 2 weeks
  • Then 1 more week for each year of service, up to 8 weeks at 8 or more years

Severance pay

Separate from notice, you may also be owed severance pay if you worked 5 or more years and your employer has a payroll of $2.5 million or more (or you were one of 50 or more employees let go within six months because all or part of the business closed). It is one week per year of service, up to 26 weeks.

You may be owed more

The Employment Standards Act sets minimums. Unless your employment contract validly limits you to those minimums, courts often award more ("reasonable notice"), based on your age, role, length of service and how hard it is to find similar work.

Deadlines

  • A complaint to the Ministry of Labour generally covers only the last 2 years.
  • A wrongful dismissal lawsuit must usually be started within 2 years.

Before you sign anything

Employers often offer a package in exchange for a signed release. Once you sign, you usually cannot claim more. Take the time to get advice.

Sources

This guide is general information about the law in Ontario and Canada as of October 2026. It is not legal advice and does not create a lawyer-client relationship. Your situation may differ; please get advice before acting.

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