A recent case that shocked my team and I involved a graphic designer in Toronto who was fired shortly after refusing to resign.
The individual received an email from her manager—encouraging her to quit because the company was “thinking about” eliminating her position as part of an “organizational restructuring.”
While the graphic designer appreciated the update, she clearly stated in her response that she couldn’t afford to resign.
Two days later, she got a phone call from her boss—informing her that she was being let go without severance pay.
READ MORE: Fired for no reason? Employment lawyer explains why your employer can do that
Fighting back tears, the graphic designer asked her manager why this was happening. She was told she “should’ve quit” before the call ended abruptly.
Confident that she was entitled to compensation, she immediately contacted Samfiru Tumarkin LLP.
After reviewing her situation, we informed the graphic designer that she was well within her rights to pursue full severance pay through a wrongful dismissal claim.
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Given the strength of her case, we were able to secure an extremely favourable amount of compensation for our client.
READ MORE: Tech exec’s severance victory: Turning termination into triumph
Sadly, it’s not uncommon for employers in Ontario to encourage staff to resign.
If you’re fired or let go after refusing to quit your job, here are four things you need to do.
1. Remain calm and professional
Following a dismissal, it can be extremely tempting to lash out at your boss. However, keeping your cool is crucial.
Severance for non-unionized employees in the province can be as much as 24 months’ pay. Getting angry or doing something to hurt the company could affect the amount of compensation you’re legally entitled to.
READ MORE: 5 ways to determine if your severance package is fair
If you’re let go without severance pay, like the graphic designer, 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
Contrary to popular belief, Ontarians don’t have to accept their employer’s severance offer on the spot.
If you receive a severance offer from your boss, hold off on signing anything until you speak with my firm. The company can’t force you to accept it before leaving a termination meeting 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’re fired or let go.
If the employment contract you signed does include this provision, don’t panic.
These clauses are often unenforceable—failing to hold up in a court of law for various reasons.
4. Contact us
If you lost your job after refusing to resign, 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 resolve their workplace issues.
We can review your situation, enforce your rights and ensure that you receive the compensation you’re legally entitled to.
READ MORE: 5 ways the Pocket Employment Lawyer can unlock your workplace rights
Our goal is to deliver the results that matter to you. We’ve structured our fees to be as transparent, fair and accessible as possible.
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.