When you’re fired, your employer may think they’re only on the hook for severance pay—but what they often overlook is how costly it can be when they violate your rights.
In Canada, non-unionized employees are protected by strong laws that safeguard against wrongful dismissal, discrimination and retaliation.
If your employer crosses the line, the financial consequences for them can be significant. As an employee, it’s crucial to understand your legal protections and know how to stand up for yourself when your rights are being infringed.
Here are six situations where firing you could end up costing your employer much more than they bargained for.
1. Firing an employee who is experiencing a disability
Canadian law protects employees with disabilities, and firing someone because they’re on medical leave—whether short-term or long-term—or need accommodations is illegal.
If your boss terminates you because of a disability or penalizes you in any way, they could face significant financial consequences.
Beyond severance, the company might owe you human rights damages for discrimination—especially if they fail to provide the necessary accommodations.
Employees have the upper hand in these cases. Standing up for your rights could result in compensation far exceeding standard severance.
Employers must legally accommodate staff—even if doing so is challenging or costly.
2. Terminating an employee who requests unpaid wages
Asking for what you’re owed—whether it’s overtime pay, vacation pay or holiday pay—can be uncomfortable, but it’s your legal right.
If your boss fires you for requesting unpaid wages, it’s considered a reprisal, which is illegal.
Even if you’re wrong about the amount you’re entitled to, simply standing up for your rights should never cost you your job.
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In such cases, not only will your employer be forced to pay what they owe, but they could also face penalties for wrongful dismissal. Remember, wrongful dismissal occurs when you’re terminated without proper severance.
A full severance package can total as much as two years’ pay. Before signing any severance offer, consult an employment lawyer at Samfiru Tumarkin LLP to ensure you’re getting what you deserve.
READ MORE: Law firm’s tool helps employees figure out how much severance they’re owed if fired
3. Firing someone after a pregnancy announcement or maternity leave
Maternity leave is a right in Canada, not a privilege. Firing an employee because they announce a pregnancy or decide to take time off with a newborn is a clear violation of that right.
Employers who attempt to cut ties during this period face legal claims for discrimination and breaches of workplace laws.
These claims can lead to substantial financial damages—making it clear that targeting staff during pregnancy or parental leave is a costly mistake.
When you return from maternity leave, you’re entitled to your previous job at the same pay.
If you run into any issues, Samfiru Tumarkin LLP can help you enforce your rights.
READ MORE: Can you be fired for taking mat leave? 5 of the most common questions from new parents
4. Letting go of an employee after a harassment complaint
Workplace harassment is a serious issue, and reporting it should never result in termination or penalties.
If you’ve made a harassment complaint and your boss retaliates by firing you, they’re likely violating the law. Employers must investigate harassment claims and protect workers from retaliation.
Punishing you for speaking up can lead to both human rights damages and a wrongful dismissal claim.
If you’ve faced retaliation after reporting workplace harassment, contact my team. You deserve to work in a harassment-free environment, and we’ll ensure the law is on your side.
5. Terminating an employee due to their age
Age discrimination is still a common problem in Canadian workplaces, despite clear legal protections.
If you’ve been let go because of your age, your employer could face steep financial penalties.
Courts often award older employees more severance because it could take them longer to find a new job.
If your termination was age-based, or your employer failed to accommodate age-related challenges, you may be entitled to additional compensation.
READ MORE: Tech exec’s severance victory: Turning termination into triumph
Let me share an example: We represented a 68-year-old employee who had been with a manufacturer for 27 years.
The employer claimed they needed someone “younger and more tech-savvy,” offering the individual only 12 months of severance pay.
This was clear age discrimination. We secured 24 months of severance for the worker—double the original offer—as well as human rights damages for the discriminatory nature of his firing. The company ended up paying far more than they had planned.
Remember, your employer can’t force you to retire at a certain age, nor can they reduce your pay or job duties.
If you suspect age discrimination, contact Samfiru Tumarkin LLP to get what’s rightfully yours.
READ MORE: Employer’s enticing older Canadians to exit retirement: 4 key rights you have
6. Firing an employee recruited from another company
Leaving a secure job for a new opportunity is a big decision, and if you were recruited by another company, your new employer takes on extra responsibilities.
Unfortunately, some companies encourage workers to leave their current employer—only to let them go shortly after their start date.
If this happened to you, reach out to my team. There’s a good chance you’re owed more than just basic severance.
Previous tenure with your former employer must be considered when calculating the amount of compensation that you’re entitled to. Your job history works in your favour—unless your employment contract contains a clause saying otherwise.
READ MORE: Given a new employment contract? Review these key clauses, employment lawyer says
These examples show just how costly it can be for employers to fire staff without fully understanding their legal obligations.
At Samfiru Tumarkin LLP, we specialize in defending employee rights and securing fair compensation.
Don’t let your employer off the hook. Contact us today for a consultation to make sure your future is protected.
Lost your job or wrongfully dismissed?
Contact the firm or call 1-855-821-5900 for a consultation with an employment or disability lawyer. We will get you 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.