When Ontarians experience an illness or injury that affects their ability to work, they don’t expect it to cost them their jobs.
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 disability is a protected aspect under provincial and federal human rights legislation, it would be discriminatory for an employer to fire an individual for disability-related reasons – making the termination illegal.
READ MORE: 5 things every employee should know about long-term disability and how to get benefits
If you believe disability 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.
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 on the spot 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 disability-based discrimination you experienced at the end of your employment.
2. Gather any relevant documents
The more evidence you can provide that disability was a factor in your termination, 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 case I’ll never forget involved a data analyst in Toronto who asked his manager if he could temporarily work from home after breaking his right leg in several places.
The employee received an email from his boss – notifying him that his request wouldn’t be accommodated because it was “unreasonable.”
Shocked by the message, he politely asked his manager to explain why the company believed his request was unreasonable. However, he didn’t receive a response.
Three days later, he got a phone call from his boss – informing him that he was being let go with severance.
READ MORE: Fired because of your religious beliefs in Ontario? 3 things employees must do
Following the call, he printed off a copy of his email exchange with his manager and contacted Samfiru Tumarkin LLP – confident that his human rights had been violated.
After reviewing the messages, I told the data 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 disability-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.
Since 2007, my firm has helped tens of thousands of non-unionized employees in Ontario 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.
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.