Your employer let you go without a valid reason — or with a reason that doesn't legally hold up. In most countries, that entitles you to far more than your employer is offering. Here's exactly what you're owed and how to claim it.
Do not sign the severance offer before getting it reviewed. The first offer is almost never the best offer. A 30-minute legal consultation could identify entitlements worth months of additional pay — and costs nothing if you use WORKWARS's verified partner network.
📋 Termination Without Cause vs. With Cause — The Critical Difference
Employers frequently claim they have "cause" for termination in order to avoid paying severance. True cause is very hard to establish legally — courts and tribunals require serious, documented misconduct. Poor performance, restructuring, personality conflicts, and vague policy violations almost never meet the legal threshold for cause. If your employer said "cause" but the reason seems weak or pretextual — you likely have a wrongful dismissal claim.
Without cause: Employer is restructuring, eliminating the role, or simply ending the employment. You are owed notice/severance regardless of performance.
Alleged cause: Employer claims misconduct. If the misconduct was minor, undocumented, or fabricated — this is wrongful dismissal and you are owed damages.
Constructive dismissal: You weren't formally fired but were forced out by intolerable working conditions. Treated the same as dismissal without cause in most jurisdictions. See our guide on constructive dismissal.
The Full Picture — Every Entitlement You May Have
📋 Statutory Notice / Pay in LieuThe minimum notice period required by law based on your years of service. If you were told to leave the same day, the employer must pay you the equivalent in cash. This is the floor — not the ceiling.
📋 Common Law / Wrongful Dismissal DamagesIn Canada and the UK, courts can award significantly more than the statutory minimum — often 1 month per year of service or more — based on age, seniority, character of employment, and how hard it will be to find new work.
💰 Severance PayA separate entitlement from notice pay in some jurisdictions. In Ontario, employees with 5+ years at large employers get additional severance. In Mexico, all unjustified dismissals trigger a full liquidation formula.
📋? Vacation PayAll accrued vacation pay must be paid out on termination — regardless of the reason. This is non-negotiable and employers who fail to pay it are in violation of employment standards law.
📋 Benefits ContinuationIn many jurisdictions, benefits (health, dental, life insurance) must continue through the notice period. If you were cut off immediately, you may be entitled to damages for the cost of replacement coverage.
📋 Bonus & Incentive PayIf a bonus or commission payment would have been earned or paid during the notice period, you may be entitled to it even if you're no longer employed. Courts have consistently held that notice period entitlements include all compensation.
📋 What You're Owed — By Country
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Canada — Quebec
Act Respecting Labour Standards — statutory minimum: 1—8 weeks based on years of service. Paid within 3 working days of last day.
Common law / civil law notice: Courts regularly award much more — a senior manager with 10 years may be entitled to 10—14 months. Quebec civil law courts apply similar reasoning.
Unjust dismissal (2+ years service): Employees with 2+ years continuous service may file a complaint for unjust dismissal — within 45 days. This can result in reinstatement or additional damages.
File with: CNESST — 1-844-838-0808. Or consult a lawyer for common law claim.
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Canada — Ontario
ESA statutory minimum: 1 week per year up to 8 weeks notice + severance (if 5+ years, large employer payroll). All wages and vacation pay within 7 days.
Common law notice: Courts award significantly more — the Bardal factors consider age, length of service, character of position, and availability of similar employment. Senior employees often receive 1 month per year or more.
File with: Ministry of Labour (1-877-202-0008) for ESA claims; lawyer for common law wrongful dismissal.
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United Kingdom
Statutory minimum notice: 1 week per year of service up to 12 weeks. Statutory redundancy pay for 2+ years service.
Unfair dismissal: After 2 years of service, you can claim unfair dismissal if the employer lacked a fair reason or failed to follow a fair procedure. Basic award up to £21,000; compensatory award up to £115,115 (2026).
File with: ACAS Early Conciliation, then Employment Tribunal. Deadline: 3 months less 1 day.
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France
Notice period (préavis): 1—3 months depending on seniority and collective agreement. Must be paid even if the employer asks you to leave immediately (dispense de préavis).
Indemnité de licenciement: After 8 months service, a statutory severance indemnity applies — minimum 1/4 month salary per year for the first 10 years, 1/3 month per year beyond.
File with:Conseil de prud'hommes within 12 months of dismissal for economic reasons; 2 years for personal reasons.
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Mexico
Liquidación completa (LFT Art. 50): For unjustified dismissal — 3 months salary + 20 days per year of service + proportional parts (aguinaldo, vacation, prima vacacional) + 12 days seniority premium per year.
Employer burden: The employer must demonstrate just cause. If they cannot — full liquidation is ordered.
File with: PROFEDET — 800-911-7877. Deadline: 2 months from dismissal.
🇲🇽
United States
At-will employment: Most US states allow termination for any reason (or no reason), without notice or severance. However: federal/state anti-discrimination laws still apply; WARN Act requires 60 days notice for mass layoffs at large employers; employment contracts and offer letters may create additional rights.
Severance: No federal requirement — but if the employer has a severance policy or your contract promises it, they must honor it.
Check: Your employment contract, offer letter, employee handbook, and state-specific laws (California, New York, Illinois have stronger protections).
📋 Steps to Take Immediately After Being Fired
1Do not sign the severance offer — yet
The release your employer asks you to sign extinguishes your right to sue for additional compensation. Once signed, it's done. You almost always have time to review (in Canada, releases signed under duress can be challenged; in the US, ADEA waivers require 21 days). Use that time.
2Secure all your employment records before access is cut
Your employment contract, offer letter, performance reviews, pay stubs, bonus history, benefit summaries, and any emails relevant to your termination. Access to work email and systems is typically cut the same day — forward what you need to personal email now or take screenshots.
3Calculate what you're owed — before negotiating
Use your jurisdiction's statutory formula as the floor. Research common law / wrongful dismissal awards for employees with similar tenure and seniority. A lawyer can give you a realistic range in a 30-minute consultation — use that number as your negotiating anchor, not the employer's first offer.
4Respond in writing — and negotiate
Send a written counter-proposal to HR or legal. State clearly that you believe you are entitled to [X months] of notice at common law, reference any other entitlements (bonus, benefits, vacation), and indicate you are prepared to resolve without litigation if a fair settlement can be reached. This creates a record and signals you know your rights.
❓ Frequently Asked Questions
"My employer said I was fired for 'performance issues' but I never had a bad review. What does that mean for my claim?"
It almost certainly strengthens it. Cause for termination requires serious, documented misconduct or performance issues — a paper trail of warnings, performance improvement plans, and documented failures. If you had positive reviews and no documented performance issues, the employer's "cause" claim will likely fail. This means you are owed full wrongful dismissal damages, not just statutory minimums. Preserve your performance review history immediately.
"I was offered 2 weeks per year of service. Is that fair?"
It depends on your jurisdiction. 2 weeks per year is above the statutory minimum in most Canadian provinces, but may be below your common law entitlement. For a senior employee with 10+ years, courts in Ontario and Quebec regularly award 10—18 months of total compensation. Have a lawyer review the offer against your actual entitlement before signing anything.
"My company is calling it a 'layoff' not a 'firing.' Does that change what I'm owed?"
No — the label doesn't change the entitlement. Whether it's called a layoff, restructuring, position elimination, or termination without cause, you are owed the same notice and severance package. The word "layoff" can sometimes create confusion about ongoing employment — make sure you get clarity in writing on whether the separation is permanent and whether you are expected to return.
Filing Deadlines — Act Before These Pass
📋🇨🇦 Quebec — Unjust Dismissal45 Days
CNESST — extremely short. File immediately.
📋🇨🇦 Ontario — ESA2 Years
Ministry of Labour — wage and notice claims.
📋🇬🇧 UK — Unfair Dismissal3 Months -1 Day
ACAS then Employment Tribunal.
📋🇫🇷 France12 / 24 Months
Prud'hommes — 12 months economic; 24 personal.
📋🇲🇽 Mexico2 Months
PROFEDET / Labour Tribunal — strict.
*Always confirm exact deadlines with legal assistance immediately.
Document Your Dismissal — Build Your File Now
Use WORKWARS to log the date, circumstances, what was offered, and preserve all evidence — the foundation of your wrongful dismissal claim.
