For many non-unionized employees in Ontario, being fired because of their gender can be incredibly distressing.
In most cases, workers leave without challenging the termination – believing that their employer has the right to do so.
While companies in the province can fire non-unionized employees for any reason, two conditions have to be met.
Staff must receive full severance pay and the reasons for their dismissal can’t be discriminatory. This is known as a termination without cause.
Since gender is a protected aspect under provincial and federal human rights legislation, it would be discriminatory for an employer to fire an individual for gender-related reasons – making the termination illegal.
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If you believe gender played a role in your dismissal, here are three things you need to do.
1. Carefully review your severance offer
A common misconception is that non-unionized workers in Ontario need to sign their employer’s severance offer as soon as possible.
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In my experience, companies often pressure staff to immediately accept offers that provide them with far less compensation than they are owed.
If you receive a severance offer from your boss, don’t sign anything until you speak with an experienced employment lawyer at Samfiru Tumarkin LLP. Your employer can’t force you to accept it before leaving a termination meeting or a few days after it was provided to you.
READ MORE: 5 things employees should never do before talking to an employment lawyer
As long as you didn’t sign the offer and return it to your boss, you have two years from the date of your dismissal to pursue full severance, which can be as much as 24 months’ pay.
In addition to severance, there is a very good chance that you are owed compensation for the gender-based discrimination you experienced at the end of your employment.
2. Gather any relevant documents
Since it’s extremely unlikely that your employer will admit to firing you for gender-related reasons, the more evidence you can provide, the better.
Gather any relevant documents, including letters, emails or text messages, that support your claim.
READ MORE: Harassed by your employer in Ontario? 3 things you must do
One of my clients, a graphic designer in Toronto, received an email from her manager – encouraging her to look for a new job because there was “no growth for her at the company.”
Surprised by the message, the worker clearly stated in her response that she “loved her role” and wasn’t interested in leaving.
Two weeks later, she got a phone call from her employer – informing her that she was being let go with severance.
During her termination meeting, the employee asked her boss why this was happening. She was told the company felt her position was “better suited for a man” and that she “should’ve looked for another job.”
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Confident that gender played a role in her dismissal, she printed off a copy of her email conversation with her manager and called Samfiru Tumarkin LLP.
After reviewing the messages, I told the worker that she was well within her rights to claim wrongful dismissal and file a human rights complaint.
Given the strength of the graphic designer’s case, I was able to secure a comprehensive severance package for her and additional damages for the gender-based discrimination that she experienced at the end of her employment.
3. Contact us
If you are fired or let go for any reason, or believe that your human rights have been violated, contact the experienced employment law team at Samfiru Tumarkin LLP.
My firm has helped tens of thousands of non-unionized employees in Ontario resolve their workplace issues.
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We can review your situation, enforce your rights and ensure that you receive the compensation you are legally entitled to.
Fired? Lost your job? Boss pressuring you to accept a severance offer immediately?
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.