In Ontario, non-unionized employees have the right to work in an environment that is free of harassment and discrimination.
Unfortunately, it’s not uncommon for individuals to be fired or let go shortly after reporting harassment in the workplace.
READ MORE: Can you get compensation if you face harassment at work?
If this happened to you, here are three things you shouldn’t do.
1. Lose your temper
Lashing out at your employer during or after your termination meeting is never in your best interest.
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 for no reason? Employment lawyer explains why your employer can do that
Thankfully, this is a mistake that one of my clients, an office clerk in Toronto, didn’t make.
Less than a week after filing a harassment complaint against a colleague, the worker received a phone call from her manager—informing her that she was being let go without severance pay.
Shocked by the update, the office clerk politely asked her boss why she wasn’t entitled to any compensation. She was told that she “crossed a line” by filing the harassment complaint.
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Doing her best to remain calm, the worker thanked her manager for the explanation and contacted Samfiru Tumarkin LLP following the call.
READ MORE: 6 common employer mistakes that could lead to a bigger payout after termination
After reviewing her situation, I told the office clerk that she was well within her rights to pursue full severance pay through a wrongful dismissal claim.
Not only did my team and I secure a comprehensive severance package for the worker, but also human rights damages due to the discriminatory nature of her firing.
2. Accept a severance offer immediately
When Ontarians receive a severance offer from their employer, many workers believe that they need to sign it as soon as possible. However, this isn’t true.
If your boss provided you with a severance offer, don’t accept anything until you speak with my firm. The company can’t force you to make a decision on the spot or a few days after receiving it.
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. Negotiate your own severance package
While it might seem like a good idea to negotiate better compensation on your own, the experienced employment law team at Samfiru Tumarkin LLP can ensure that your employer doesn’t get the best of you.
Since 2007, my firm has helped tens of thousands of non-unionized employees in Ontario enforce their rights and obtain the severance pay that they are legally entitled to.
READ MORE: Tech exec’s severance victory: Turning termination into triumph
Don’t let your company walk all over you. Contact us today for a consultation to make sure that your future is protected.
Fired? Lost your job? Boss pressuring you to accept a severance offer immediately?
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.