Many employees assume that they must receive a written warning before being terminated. While formal performance management is common in workplaces, Ontario law does not require employers to provide warnings before dismissal—with some exceptions.

If you were fired without prior notice or warning, you may wonder whether your termination was legal and whether you are entitled to severance. This article explains when employers must provide progressive discipline, when they can terminate without warning, and what employees can do if they believe they were wrongfully dismissed.

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Does an Employer Have to Provide a Warning Before Termination?

Under Ontario’s Employment Standards Act, 2000 (ESA), employers are not legally required to issue a written warning before terminating an employee. Employers can dismiss employees without cause as long as they provide:

• Notice of termination (or pay in lieu of notice)
• Severance pay (if applicable)

However, if an employee is dismissed for cause (serious misconduct), the employer may not have to provide notice or severance, but they must have strong evidence to justify this decision.

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When Are Employers Expected to Use Warnings?

Although Ontario law does not mandate written warnings, many employers use progressive discipline policies as part of fair workplace management.

Progressive discipline typically involves:

1. Verbal Warning – Addressing minor performance issues informally.
2. Written Warning – Documenting ongoing performance concerns.
3. Final Warning or Performance Improvement Plan (PIP) – Setting expectations for improvement.
4. Termination – If performance does not improve after multiple warnings.

Employers who fail to follow their own progressive discipline policies may expose themselves to claims of wrongful dismissal, especially if termination seems unfair or inconsistent with company practices.

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When Can an Employer Fire an Employee Without Warning?

Without Cause Termination – Employers in Ontario can terminate employees without cause for business reasons, restructuring, or other non-disciplinary reasons—as long as they provide notice or severance pay.

For Cause Termination (Serious Misconduct) – If an employer alleges serious misconduct, dishonesty, violence, or insubordination, they may fire an employee immediately without notice or severance. However, proving just cause is difficult, and courts often side with employees in these cases.

Probationary Employees – If an employee is on probation, employers typically have more flexibility to terminate without warning, provided they act in good faith.

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What If You Were Fired Without a Warning?

If you were dismissed suddenly and believe it was unfair, consider the following steps:

1. Review Your Employment Contract: Check if your contract includes a termination clause that outlines disciplinary procedures.

2. Request a Reason for Termination: Ask your employer for written reasons to determine if they claim cause or if you are entitled to severance.

3. Document Everything: Keep records of performance reviews, emails, and any verbal or written warnings.

4. Seek Legal Advice: If you were fired without notice or severance, consult an employment lawyer to determine if you have a case for wrongful dismissal.

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Conclusion

In Ontario, employers are not legally required to provide a written warning before termination, but dismissals can still be challenged if they violate employment contracts, company policies, or workplace fairness standards. If an employer fails to provide proper notice, severance, or justification for termination, employees may have grounds for a wrongful dismissal claim.

If you were fired without warning and believe your rights were violated, you may be entitled to severance or compensation. Contact our experienced Brampton employment lawyers for a free consultation. Randy Ai Law Office can be reached at (365)-536-2474 or through our contact form.

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