Being laid off in Ontario can be an overwhelming experience. In many cases, non-unionized employees aren’t aware of the rights that they have in this situation.
A layoff typically refers to a permanent end to an individual’s employment – unless their employer specifies that it’s temporary. Similar terms include being fired, terminated or “let go.”
READ MORE: What you’re getting wrong about terminations, according to an employment lawyer
Here are five things that Ontarians need to do in the event of a layoff.
1. Remain calm and professional
After learning that you are being laid off, it can be extremely tempting to lash out at your employer. However, remaining calm and professional is crucial.
Getting angry or doing something to negatively affect the company could put your right to a severance package at risk. Don’t give your boss a reason to deny you the compensation you deserve.
2. Confirm the specifics of your termination in writing
It’s not uncommon for employers in Ontario to tell non-unionized workers in person or over the phone that they are being laid off.
If you are informed of the decision verbally, ask your boss to provide you with the specifics of the termination in writing. This document should include the date of your dismissal and whether you were let go without cause or “for cause.”
READ MORE: Employer fired you ‘for cause’ in Ontario? 4 things you must do
Once you have the specifics of your termination in writing, contact an experienced employment lawyer at Samfiru Tumarkin LLP. We can assess your legal options and help you determine the best course of action.
3. Review your severance offer before signing it
In my experience, Ontarians are often pressured to immediately accept severance offers that provide them with far less compensation than they are owed.
If you receive a severance offer from your employer, don’t sign anything before speaking with my firm. The company can’t force you to accept it on the spot or a few days after it was provided to you.
READ MORE: Paid enough? What to know about severance packages in mass layoffs
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.
4. Check your employment contract for a termination clause
Termination clauses can limit the amount of severance pay that non-unionized employees in Ontario are owed when they are fired or let go.
If the employment contract you signed does include this provision, don’t panic.
In many cases, these agreements aren’t enforceable – failing to hold up in a court of law for various reasons.
5. Contact us
If you have lost your job in Ontario, contact the experienced employment team at Samfiru Tumarkin LLP. It’s very important that you get the right legal advice before filing a claim through the Ministry of Labour.
Since 2007, my firm has helped tens of thousands of non-unionized employees in the province resolve their workplace issues.
READ MORE: 5 ways the Pocket Employment Lawyer can unlock your workplace rights
We can review your situation, enforce your rights and ensure that you receive the compensation you are legally entitled to.
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.