What to Do If You’ve Been Fired Without Cause in Ontario
Losing your job unexpectedly can be overwhelming, especially if you believe your termination was wrongful. In Ontario, employees have legal rights that protect them from unfair treatment, even when terminated without cause. If you suspect your termination wasn’t handled properly, it’s essential to understand your rights and take the right steps to safeguard them.
Here’s a step-by-step guide on what to do if you’ve been fired without cause in Ontario:
1. Stay Calm and Collect Documentation
While emotions may run high, staying composed is crucial. Gather all relevant documents, including:
- Your employment contract.
- Termination letter.
- Pay stubs.
- Any correspondence (emails or texts) related to your termination.
These documents will help determine your entitlements and whether the termination complies with the Employment Standard Act.
2. Understand “Without Cause” Termination
In Ontario, employers can terminate an employee without cause, but they must provide:
- Notice: Advance written notice of your termination, as outlined in the ESA.
- Severance Pay: If applicable, based on your length of service, wage, and the employer’s payroll size.
Under common law, employees are often entitled to far more notice or pay in lieu of notice than the ESA minimums. A lawyer can help assess whether you’ve been offered a fair severance package.
3. Do Not Sign Anything Immediately
Your employer may present you with a severance package and ask you to sign a release waiving your right to seek additional compensation. Do not rush this decision. Signing prematurely could mean accepting less than you’re entitled to under the law.
4. Evaluate Your Rights
Ask yourself:
- Was the termination handled fairly?
- Were you provided adequate notice or pay in lieu of notice?
- Were there any breaches of your employment contract or workplace policies?
5. Seek Legal Advice
Consulting an employment lawyer is the most important step you can take. They can:
- Review your severance package.
- Assess whether you’ve been offered fair compensation under statutory and common law.
- Identify potential wrongful dismissal claims.
6. File a Complaint, If Necessary
If you believe your employer violated your ESA rights, you can file a claim with the Ministry of Labour. However, once you file a claim, you may forfeit your right to pursue common law remedies, which can often provide greater compensation. Speak to a lawyer before proceeding.
7. Negotiate or Pursue Legal Action
With legal advice, you can negotiate a better severance package or, if necessary, pursue a wrongful dismissal lawsuit. Many such cases are resolved through negotiation or mediation without going to court.
8. Plan Your Next Steps
Losing your job can be an opportunity to reassess your career. Take advantage of any career counseling or transition support offered in your severance package. Additionally, focus on networking and updating your skills to secure your next role.
How an Employment Lawyer can help your case?
Employment laws in Ontario are designed to protect employees, but without understanding your rights, it’s easy to settle for less than you deserve and potentially sign away your actual entitlement. An experienced employment lawyer can guide you through this challenging time, ensuring your rights are upheld and your financial future is protected.
