Being fired for “insubordination” in Ontario can be an incredibly overwhelming experience. In most cases, individuals are let go without severance pay—with their employer claiming they had “just cause” to do so.
Contrary to popular belief, insubordination doesn’t automatically meet the criteria necessary to justify a for-cause dismissal.
If you find yourself in this situation, don’t throw in the towel—you might be entitled to compensation. Here are three things that non-unionized employees need to do.
1. Remain calm and professional
During your termination meeting, it can be extremely tempting to lash out at your employer. However, 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.
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Your best course of action after being let go without severance pay is to maintain your professionalism and bring your record of employment (ROE) to Samfiru Tumarkin LLP.
If you don’t meet the conditions necessary for what’s considered the “capital punishment” of employment law, we can help you obtain a new ROE that doesn’t claim you were fired for cause—allowing you to access employment insurance (EI) benefits during this time of financial turmoil.
2. Look for work in a similar position or field
In Ontario, non-unionized workers are required to make a reasonable effort to find comparable employment after being fired or let go. This is known as an employee’s duty to mitigate.
If you don’t look for work in a similar position or field post-termination, it can affect how much severance pay you’re ultimately owed if you’ve been wrongfully dismissed.
To prove that you did try to find comparable employment, document the entire job hunt. Keep a record of every company you applied to, the date you applied, the position you applied for and the outcome of each application.
3. Contact an employment lawyer
If you’ve been fired or let go for any reason, contact an Ontario employment lawyer at Samfiru Tumarkin LLP. We’ve helped tens of thousands of non-unionized employees in the province enforce their rights and secure the compensation they’re legally entitled to.
READ MORE: 5 of the most common work situations where getting an employment lawyer can help
A chilling insubordination case that my team and I will never forget involved an administrative assistant in Kingston. Less than 48 hours after a minor disagreement during a meeting, the individual received a phone call from his manager—informing him that he was being let go without severance pay, effective immediately.
Shocked by the sudden dismissal, the administrative assistant politely asked his boss why this was happening. He was told the company “doesn’t tolerate insubordination” and that he should’ve “thought twice” about his conduct during the recent meeting.
Confident he’d been wrongfully dismissed since this was a one-off incident, the administrative assistant calmly cleared his desk after the phone call. As soon as he made it home, he contacted Samfiru Tumarkin LLP.
Just minutes into his consultation, it was clear the administrative assistant didn’t meet the conditions necessary to be fired for cause—entitling him to full severance pay.
Following a brief phone call with his employer, we were able to secure every cent of compensation that our client was owed without getting the courts involved.
READ MORE: The ‘big 5’ workplace rights most often overlooked by employees
Fired for cause in Ontario? Not sure if you’ve been wrongfully dismissed?
Contact Samfiru Tumarkin LLP or call 1-855-821-5900 for a consultation with an employment lawyer. Get 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.
