Asking for a promotion isn’t something that Ontarians expect to lose their jobs over.
The reality is that employers in the province can fire staff following the request – regardless of how cruel it might seem.
This is known as a termination without cause. Non-unionized employees can be let go for any reason, as long as they are provided full severance pay and the reasons for their dismissal aren’t discriminatory.
However, many workers are unaware of their rights to severance when they are fired or let go – putting them at risk of receiving less compensation than they are owed.
If you were terminated after asking for a promotion, here are four things you need to do.
1. Remain calm and professional
While it can be extremely tempting to lash out at your employer after being fired, remaining calm is crucial.
Severance for non-unionized employees in Ontario can be as much as 24 months’ pay. Getting angry or doing something to hurt the company could affect the amount of compensation you are legally entitled to.
READ MORE: Fired after asking for a raise in Ontario? 3 things you shouldn’t do
In some cases, employers try to get out of providing severance by claiming that they have grounds to fire staff for cause.
If this happened to you, contact an experienced employment lawyer at Samfiru Tumarkin LLP immediately.
We can determine if this type of dismissal was appropriate in your situation and help you secure proper compensation if it wasn’t.
2. Carefully review your severance offer
A common misconception is that Ontarians need to accept their employer’s severance offer as soon as possible.
If you received a severance offer from your boss, 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: 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 pay.
3. Check your employment contract for a termination clause
Termination clauses can limit the amount of compensation that individuals are owed when they are fired or let go.
If the employment contract you signed does include this provision, don’t panic.
These agreements are often unenforceable – failing to hold up in a court of law for various reasons.
4. Contact us
If you lost your job after asking for a promotion, or for any reason, 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 enforce their rights and obtain the compensation that they are legally entitled to.
READ MORE: 5 of the most common work situations where getting an employment lawyer can help
One case that has stuck with me involved a sales associate in Toronto who was fired shortly after working up the courage to ask his manager for a promotion.
The employee received an email from his boss – claiming that his job performance “wasn’t at the level required to become a senior sales associate.”
Shocked by the message, he politely asked his manager to elaborate and noted that his work ethic was praised during his most recent performance review.
Two days later, he got a phone call from his boss – informing him that he was being let go without severance due to his “poor performance.”
READ MORE: Fired after a performance review in Ontario? 4 things to know
Confident that he had been wrongfully dismissed, the sales associate contacted Samfiru Tumarkin LLP following the call.
While explaining the situation to me, he provided a copy of the email exchange with his manager and his most recent performance review.
After reviewing the documents, it was clear that he didn’t meet the conditions necessary to be fired for cause.
Given the strength of the sales associate’s case, I was able to secure a comprehensive severance package for him.
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.