Many employees still think they have job security for life, but that’s not how the law works. The law says that an employer can let an employee go at practically any time for practically any reason, as long as they’re given notice – either sufficient advanced warning, or payment for a set length of time if their work ends that same day.

Wrongful dismissal is when an employer fails to do either of those things. You are told that your job ends that day, for example, but are not paid nearly what you are owed – sometimes only the bare minimum that the law allows, or sometimes nothing at all. In those cases, you may want to investigate with an employment lawyer whether you can make a claim for wrongful dismissal.

Severance pay, or termination pay (the legal definition of severance is a bit different) is meant to keep you whole while you find new work. According to the law, if your employer lets you go without cause then they should be paying you for a reasonable amount of time while you go search for comparable new work. This is not forever, it’s just until you can reasonably replace your income.

The law states that an employer is supposed to cover your income fully as though you were still working there, including benefits, bonuses, car and cell phone allowances, etc. While few employers follow this to the letter, your lawyer will likely fight for you to get what you are owed wherever possible.

If you plan on accepting an employer’s offer then yes, you need to do so by the date they insist, or negotiate privately for more time. However, if you hire an employment lawyer, that deadline goes out the window. When our clients retain our services, the first thing we do is notify your former employer that we are now your lawyers, and all communication should now go through us. We also let them know that we will respond shortly with a more comprehensive letter, which will then help us to start negotiating.

Employers and employees each have responsibilities after an employee is let go. Employers need to pay an employee notice, and yes, employees are responsible for looking for new work. There are a few things to remember. The goal is to find new work that compares in salary and benefits etc. to your old job, and if you can do that, great!

What if, though, all you can find is something significantly below your old pay and benefits? If that’s the case, it may not count against anything you are owed by your former employer. There are also situations such as illness where you may not be able to work again, and the law understands that. Every situation is different, so speak with your lawyer about what you need to do next.

If you have made a complaint to your employer about something in your workplace and they have let you go, the law is most likely on your side. If you’ve complained about something that is protected under the law for example, such as not getting overtime or vacation pay, or harassment, you are protected against what we call ‘reprisal’ – being punished for making that complaint. We would be happy to help you decide what to do next.

If you have requested accommodation, for example because of a medical disability, or a childcare issue, your employer needs to accommodate you as much as they can. There is a high bar for this – even if it costs them a bit of money or is a bit inconvenient, they need to do it. Accommodations need to be ‘reasonable,’ so they may not be perfect, but your employer should work with you to figure out common sense solutions.

Yes. While your employer has legal obligations if they have wrongfully dismissed you, they are not meant to be your keepers for life. You are legally required to get out and find new work, and your employer is supposed to keep you whole until you do that. While your employer might settle your case by paying a lump sum, many will ask about your job search efforts, and some may even send job listings or make introductions to try and ease their financial burden.

Probation in Ontario can only last for 3 months, and needs to be written into your employment contract to be in place. Yes an employer can fire you with no termination or severance pay at that time, but not just because they feel like it. The law says that they need to give you the chance to succeed. So if you make a mistake on day one, they should show you how to fix it first before making any final decisions.

No. The law in Ontario is clear that you cannot be punished or fired for being involved with a union. If this has happened, contact our office immediately to discuss your case.

Your employer is required to have a harassment and violence policy, which should be public and should outline who is designated to handle complaints. Ideally this should be two people – in case your manager is contributing to the problem, you should have someone else you can safely go to to make your complaint. If that does not exist, we would be happy to help discuss your options.

There are a large number of job-protected leaves, such as pregnancy and parental leave, under the Employment Standards Act and similar laws federally and in other provinces. No, you cannot because you took one of these leaves, and these leaves are considered ‘job protected.’ If the company is sold or shuts down, or your role does not exist for another reason while you are on one of these leaves, then your employer may need to end your employment but will need to compensate you accordingly.