One thing non-unionized employees in Ontario never want to be told is that they are being fired for cause.
Considered the “capital punishment” of employment law, your employer doesn’t have to provide you with a severance package, which can be as much as 24 months’ pay, and you can’t access employment insurance (EI) benefits.
However, most non-unionized workers in the province don’t meet the conditions necessary for this type of dismissal – entitling them to severance pay. It’s reserved for the worst workplace offences, such as serious insubordination, theft or assault.
To justify terminating you for cause, your boss must prove progressive disciplinary measures were applied and that a lesser penalty wouldn’t be suitable, which is very difficult to do.
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If you are fired for cause, don’t lose hope. Here are four things that non-unionized employees in Ontario need to do.
1. Remain calm and professional
For several of my clients, finding out that they were being let go without severance pay created a substantial amount of mental and financial distress. They were so upset that they almost lashed out at their employer during their termination meeting.
While it can be extremely tempting to react in the heat of the moment, remaining calm is one of the best things you can do in this situation. Getting angry or doing something to negatively affect the company could put your legal right to claim compensation at risk.
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After your boss informs you that you are being fired for cause, continue to be professional and contact an experienced employment lawyer at Samfiru Tumarkin LLP.
We can determine if you meet the conditions necessary for this type of dismissal and help you secure proper compensation if you don’t.
2. Review your record of employment
In Ontario, employers must provide non-unionized workers with a record of employment (ROE) within five days of their termination.
If you were fired for cause, there is a very good chance that there will be a “Code M” on your ROE. This code generally leads to EI ineligibility.
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After receiving this document, many Ontarians who were incorrectly terminated for cause throw in the towel – believing that their fate is sealed.
If you don’t meet the conditions necessary for this type of dismissal, my firm can help you obtain a new ROE that doesn’t claim you were fired for cause, which would allow you to access EI benefits.
3. Look for work in a similar position or field
After non-unionized workers in Ontario are terminated or let go, they must make a reasonable effort to find comparable employment. This is known as an employee’s duty to mitigate.
If you don’t look for work in a similar position or field following your dismissal, it can affect how much severance pay you are ultimately owed.
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To prove that you did try to find comparable employment, document the entire job hunt. Keep a record of every company that you applied to, the date you applied, the position you applied for and the outcome of each application.
4. Contact us
If you are fired or let go for any reason, contact the experienced employment law team at Samfiru Tumarkin LLP.
We have helped tens of thousands of non-unionized employees in Ontario enforce their rights and obtain the compensation that they are legally entitled to.
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One of my clients, a technical writer in Toronto, received an email from his manager – informing him that he was being terminated for cause.
During his termination meeting, he asked his boss why he was being let go without severance pay. He was told that the company had been inundated with complaints about his job performance.
This shocked the worker because he had never received a negative performance review during his five years of employment.
Resisting the urge to lash out at his manager, the employee remained calm and professional. Following the meeting, he reached out to Samfiru Tumarkin LLP.
After reviewing the worker’s employment contract and his performance reviews, I was certain that he didn’t meet the conditions necessary to be fired for cause.
I informed him that he was well within his rights to pursue full severance pay through a wrongful dismissal claim.
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Given the strength of the technical writer’s case, I was able to quickly secure a comprehensive severance package for the employee.
Fired for cause? Not sure if you’ve been wrongfully dismissed?
Contact the firm or call 1-855-821-5900 to secure assistance from an employment lawyer in Ontario, Alberta and British Columbia. Get the advice you need — and the compensation you deserve.
Lior Samfiru is an employment lawyer and co-founding partner at Samfiru Tumarkin LLP, Canada’s most positively reviewed law firm specializing in employment law and long-term disability claims. He provides legal insight on Canada’s only Employment Law Show on TV and radio.