A recent case that horrified my team and I involved a customer service representative in Toronto who was fired just three hours after objecting to a workplace suspension.
The individual received a phone call from his manager—informing him that he was being let go without severance pay.
Almost too stunned to speak, the customer service representative managed to politely ask his boss why this was happening. His manager told him that he shouldn’t have challenged the suspension before abruptly ending the call.
Confident he had just experienced a workplace reprisal, the customer service representative cleared his desk and contacted Samfiru Tumarkin LLP as soon as he got home.
Given the strength of his case, we were able to secure a comprehensive severance package for our client through a wrongful dismissal claim.
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A workplace suspension puts Ontarians in an extremely difficult position. If an individual challenges their employer’s decision, they risk losing their job.
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Here are four things that non-unionized employees in the province need to do if they’re fired or let go shortly after objecting to a workplace suspension.
1. Remain calm and professional
Following a dismissal, it can be very tempting to lash out at your boss. However, your best course of action is to keep your cool.
Severance 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’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 customer service representative, 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 immediately.
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 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’re fired or let go.
If the employment contract you signed does include this provision, all hope isn’t lost.
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 objecting to a workplace suspension, 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 various issues.
We can review your situation, enforce your rights and ensure 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.