One case that my team and I will never forget involved a sales manager in Toronto who was fired two weeks after returning from stress leave.
The individual received an email from her employer—claiming that the company was “extremely disappointed” with her job performance.
Shocked by the message, the manager politely asked her boss to outline the issues with her performance in writing.
However, shortly after responding to the email, she got a phone call from her employer—informing her that she was being let go without severance pay.
Doing her best to maintain her composure, the manager asked her boss why this was happening. She was told the company “has no use for fragile staff.”
Certain that she was experiencing a workplace reprisal, the manager thanked her employer for the call and cleared her desk after hanging up. As soon as she got home, she contacted Samfiru Tumarkin LLP.
Given the strength of her case, we were able to secure a comprehensive severance package for our client through a wrongful dismissal claim.
Get breaking National news
READ MORE: Tech exec’s severance victory: Turning termination into triumph
The last thing Ontarians expect to hear from their boss after returning from stress leave is that they’re being let go.
Here are four things non-unionized employees in the province need to do in this situation.
1. Remain calm and professional
While it can be very tempting to lash out at your employer after being fired, keeping your cool is crucial.
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 sales manager, 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
It’s not uncommon for companies to include a termination clause in their employment contracts—limiting the amount of compensation that an individual is owed when they’re fired or let go.
If the contract you signed does include this provision, don’t throw in the towel before consulting a legal professional.
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 shortly after returning from stress leave, 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 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 lawyer. 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.