When Ontarians think of things that could cost them their jobs, getting married usually doesn’t make the list.
Unfortunately, this happens far more often than it should. In many cases, non-unionized employees leave without challenging the termination – unaware of the rights that they have.
While companies in the province can fire staff for any reason, two conditions have to be met.
Non-unionized workers must receive full severance pay and the reasons for their dismissal can’t be discriminatory. This is known as a termination without cause.
Since marital status is a protected aspect under provincial and federal human rights legislation, it would be discriminatory for an employer to fire an individual for tying the knot – making the termination illegal.
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If you believe marriage played a role in your dismissal, here are three things you need to do.
1. Review your severance offer before accepting it
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 on the spot or a few days after it was provided to you.
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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 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 marital status, the better.
Gather any relevant documents, including letters, emails or text messages, that support your claim.
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One of my clients, a marketing assistant in Toronto, received an email from her manager after her honeymoon – encouraging her to look for a new job because there was “no growth” for her at the company.
Confused by the message, the worker clearly stated in her response that she loved her role and wasn’t interested in leaving.
Three days later, she got a phone call from her boss – informing her that she was being let go with severance.
Doing her best to remain calm, she asked her manager why this was happening. She was told that getting married was a “major career mistake.”
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Following the call, she printed off a copy of her email exchange with her boss and contacted Samfiru Tumarkin LLP – confident that her human rights had been violated.
After reviewing the messages, I told the marketing assistant that she was well within her rights to claim wrongful dismissal and file a human rights complaint.
Given the strength of her case, I was able to secure a comprehensive severance package for her and additional damages for the 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.
Since 2007, 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.