In Ontario, it’s not uncommon for employers to fire non-unionized workers because of their religious beliefs.
When this happens, many employees leave without challenging the termination – believing that their boss has the right to do so.
While companies in the province can fire non-unionized workers 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 religion is a protected aspect under provincial and federal human rights legislation, it would be discriminatory for an employer to fire an individual because of their religious beliefs – making the termination illegal.
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If you believe religion was a factor in your dismissal, here are three things you need to do.
1. Review your severance offer before signing it
In my experience, employers in Ontario often pressure non-unionized workers to immediately accept severance offers that provide them with far less compensation than they are owed.
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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. The company 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, it’s very likely that you are owed compensation for the religion-based discrimination you experienced at the end of your employment.
2. Gather any relevant documents
The more evidence you can provide that religion was a factor in your termination, the better. Gather any relevant documents, including letters, emails or text messages, that support your claim.
One of my clients, an office clerk in Ottawa, received an email from his manager – asking about his religious beliefs.
Thinking that his boss was trying to get to know him better, the worker disclosed his faith in his response.
A week later, he got a phone call from his employer – informing him that he was being let go with severance.
During his termination meeting, the employee asked his manager why this was happening. He was told his beliefs “didn’t align with the ones that the company wants staff to have.”
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Confident that religion was a factor in his dismissal, he printed off a copy of his email conversation with his boss and called Samfiru Tumarkin LLP.
After reviewing the messages, I told the worker that he was well within his rights to claim wrongful dismissal and file a human rights complaint.
Given the strength of the office clerk’s case, I was able to secure a comprehensive severance package for him and additional damages for the religion-based discrimination that he experienced at the end of his 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.