In Ontario, it’s not uncommon for non-unionized employees to lose their jobs during a restructuring.
Employers in the province can fire staff for any reason, as long as they are provided full severance pay and the reasons for their dismissal aren’t discriminatory. This is known as a termination without cause.
Unfortunately, many Ontarians 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 during a restructuring, here are four things you need to do.
1. Continue to be respectful and professional
While it can be extremely tempting to lash out at your employer after being fired, it’s in your best interest to keep your cool.
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.
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READ MORE: 5 ways to determine if your severance package is fair
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.
We can determine if this type of dismissal was appropriate in your situation and help you secure proper compensation if it wasn’t.
2. 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 deserve.
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 employer, 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 rarely enforceable – failing to hold up in a court of law for various reasons.
4. Contact us
If you lost your job during a restructuring, 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 I’ll never forget involved an administrative assistant in Toronto who was laid off during a company-wide restructuring.
Three days after being fired, the worker emailed her manager – asking when she would receive her severance offer. She was told that she wasn’t entitled to any compensation.
Stunned by the response, the administrative assistant printed off a copy of her email exchange with her boss and contacted Samfiru Tumarkin LLP.
After reviewing the messages, I informed the employee that she was well within her rights to claim wrongful dismissal.
Given the strength of the administrative assistant’s case, I was able to secure a comprehensive severance package for her.
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.