Becoming a parent is one thing that non-unionized employees in Ontario don’t expect to lose their jobs over.
When this happens, many workers leave without challenging the termination – unaware of the rights that they have.
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 family status is a protected aspect under provincial and federal human rights legislation, it would be discriminatory for an employer to fire an individual because they are caring for a child – making the termination illegal.
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If you believe parenthood played a role in your dismissal, here are three things you need to do.
1. Review your severance offer before accepting 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.
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, there is a very good chance that you are owed compensation for the discrimination you experienced at the end of your employment.
2. Gather any relevant documents
The more evidence you can provide that your employer did discriminate against you based on family status, the better.
Gather any relevant documents, including letters, emails or text messages, that support your claim.
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One case I’ll never forget involved a financial analyst in Toronto who was terminated shortly after becoming a father.
Three weeks into parenthood, he received an email from his manager – encouraging him to look for a new job because there was “no growth for him at the company.”
Confused by the message, the worker clearly stated in his response that he loved his job and wasn’t interested in leaving.
A few days later, he got a phone call from his boss – informing him that he was being let go with severance.
Doing his best to maintain his composure, the employee asked his manager why this was happening. He was told that the company was worried his parental obligations would “affect his job performance.”
READ MORE: Fired for being pregnant in Ontario? 3 things employees must do
Confident that parenthood played a role in his termination, he printed off a copy of his email exchange with his boss and called Samfiru Tumarkin LLP.
After reviewing the messages, I told the financial analyst that he was well within his rights to claim wrongful dismissal and file a human rights complaint.
Given the strength of his case, I was able to secure a comprehensive severance package for him and additional damages for the discrimination 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.