I Was Fired from Work. What Are an Employee’s Next Steps?
I Was Fired From Work in Ontario: What Are My Next Steps?
Quick Answer
If you were fired without cause in Ontario, you are usually entitled to notice or severance pay. Do not sign any documents right away—doing so may waive your legal rights.
Speak with an employment lawyer to understand your full entitlements before accepting any offer.
Losing Your Job: What You Should Know
Losing your job can be stressful, overwhelming and confusing. But it is an experience that many of us go through at some point in our lives. When it happens, it is helpful to have a plan in place to get through the uncertainty, and better understand your legal options.
While employers generally have the right to terminate employment, they must still follow Ontario employment law. In most cases, they must first provide you with prior notice (or a severance package) and any entitlements you may have under an employment contract. Just as importantly, they must respect the employee’s human rights at all times.
What to do Immediately after Being Fired?
From an employment law perspective, here are some general points to be aware of for employees whose job was terminated without cause:
- meet with an experienced employment lawyer, and bring ask a copy of the termination letter and any employment contract previously signed. These documents are important for determining your potential legal options and entitlements.
- carefully review any documents that your employer asks you to sign before accepting the severance package. It is important to fully understand the details. With these documents, the employee may be asked to forfeit potential legal claims against the employer resulting from the termination, including wrongful dismissal or human rights complaints.
- in our experience as an employment law firm, an employer will usually offer a severance package that is less than fair and reasonable to the employee. By first consulting with an experienced employment lawyer before signing any documents, you can help arm yourself by assessing the situation, exploring potential legal options, and seeing whether your employer has treated you fairly.
Taking these steps early can help you avoid giving up compensation or legal claims you may be entitled to under Ontario employment law.
In situations where an employer terminates an employee’s job “without cause,” and fails to provide either prior notice or severance, the employee may have a claim for “wrongful” dismissal for their full entitlements under common law.
What Does “Without Cause” Mean in Ontario?
A termination “without cause” means your employer has ended your employment for business or other non-disciplinary reasons, rather than serious misconduct.
In these situations, you are typically entitled to:
- Notice of termination, or
- Pay in lieu of notice (severance), or
- A combination of both
Your full entitlement may be based on both Ontario’s Employment Standards Act, 2000 (ESA) and the common law, which can significantly increase the amount owed.
Severance Packages: Why You Should Be Careful
Employers often provide a severance package at the time of termination. However, these offers are frequently less than what an employee may be legally entitled to receive.
Therefore, for employees, it is important to keep in mind that before accepting any severance offer:
- Ensure you understand all terms and conditions
- Be aware that you may be asked to sign a legal release giving up your right to sue, such as for wrongful dismissal
- Consider whether the compensation reflects your full legal entitlement, which is best done with an employment lawyer
Once you sign your employer’s termination letter and legal release, you typically cannot pursue additional compensation, even if the offer was unfair.
For that reason, severance packages should be reviewed carefully before any acceptance or signature.
Frequently Asked Questions
Can I be fired without cause in Ontario?
Yes. Employers can terminate employment without cause, but they must provide proper notice or severance pay.
How much severance am I entitled to?
Severance depends on several factors, including your position, length of service, age, compensation structure, and the availability of similar employment.
In some cases, employees may be entitled to more than ESA minimums under common law, but this depends heavily on whether a valid employment contract limits termination entitlements.
If you have a written employment contract, it is important that it be reviewed carefully, as termination clauses can significantly affect your entitlement.
Do I have to sign a severance package right away?
No. It is wise for employees to first take time to review the offer and seek legal advice before signing anything.
What is a wrongful dismissal claim?
A wrongful dismissal claim arises when an employer fails to provide proper notice or compensation upon termination.
Speak With an Ontario Employment Lawyer
If you have been terminated from your employment, it is important to understand your rights before making any decisions.
Contact Bune Law today to schedule an initial consultation and discuss your situation.
About the Author
Sezar Bune, Ontario Employment Lawyer
Sezar Bune is an employment lawyer at Bune Law in Toronto, Ontario. He advises employees and professionals on wrongful dismissal, severance negotiations, employment contracts, and workplace rights under Ontario employment law.
He regularly assists clients in negotiating termination packages and has experience advising employees across a wide range of industries following dismissal situations.
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