Constructive Dismissal Demand
Demand letter for constructive dismissal with calculation of entitlements.
What is included
- Reviewing your contract, termination clause and any offer
- Estimating the legal minimums and possible reasonable notice at common law
- Drafting a demand letter or counter-proposal
- Negotiating with the employer, where your service includes it
- Explaining the Small Claims Court route for claims up to $50,000
What is not included
- Court claims over the $50,000 Small Claims Court limit, which a lawyer must handle
- Court or tribunal fees and other disbursements
- Hearings, reviews or appeals beyond the step described
- Union grievances, which usually go through the union under the collective agreement
Who this service is for
- Employees dismissed without cause
- Employees offered a severance package
- Employees asked to sign a new contract or a non-compete
- Employees whose job changed significantly without agreement
Information to have ready
- 1Your employment contract or offer letter
- 2Pay stubs, T4s and records of your hours
- 3Any termination letter and your Record of Employment
- 4Emails and messages with your employer
- 5A dated timeline of what happened
Frequently asked questions
How much does it cost?
The fee is $1,000 plus 13% HST ($1,130.00 in all) for the work described on this page. Court, tribunal or government fees and other disbursements are extra. We confirm the scope and the fee in a written retainer agreement before any work starts.
What happens when I check out?
You book a time for your intake call, then save a card on Stripe's secure page. Nothing is charged today: the card is only charged later, for an invoice for work already done, as your retainer agreement sets out. A licensed paralegal confirms the details, checks for conflicts of interest and, if we can act for you, sends the retainer agreement. Fees paid before the work is done are held in our trust account.
What is reasonable notice?
Without an enforceable termination clause, a dismissed employee may be entitled to notice based on factors such as age, length of service and type of job. The amount depends on the facts and is not a set formula.
Are non-compete clauses enforceable in Ontario?
The Employment Standards Act, 2000 bans most non-compete agreements made on or after October 25, 2021, with limited exceptions, such as some executives and the sale of a business. Non-solicitation clauses are treated differently.
What if my claim is worth more than $50,000?
Small Claims Court can award up to $50,000. A larger claim goes to the Superior Court of Justice, which a lawyer must handle, or you may choose to limit your claim to $50,000.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed; the decision-maker decides
- Small Claims Court can award at most $50,000
- Deadlines, often two years, must be met
- Court claims over the $50,000 Small Claims Court limit and any other employment work outside a licensed paralegal's scope are referred to an Ontario lawyer.
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