It’s not uncommon for employees in Ontario to be told that their best at work isn’t good enough. In many cases, employers have unreasonably high expectations when it comes to how staff should be performing the duties of their job.
Several of our clients were completely caught off guard when their boss fired them after a “bad” performance review or for failing to meet the goals outlined in the company’s Performance Improvement Plan (PIP).
They were informed by management that they weren’t entitled to severance pay because they were being terminated due to “poor job performance.”
However, non-unionized workers in the province are often owed full severance when they lose their job, which can be as much as 24 months’ pay.
READ MORE: 5 ways to determine if your severance package is fair
If you are dismissed after a performance review, or for failing your employer’s PIP, here are four things you need to be aware of.
1. Your boss can’t automatically fire you “for cause”
PIPs are often used by companies to justify firing staff for cause. When workers don’t complete it successfully, employers argue that they shouldn’t receive a severance package.
However, it’s very likely that you are still entitled to severance pay if you are terminated for cause after failing your company’s PIP.
Considered the “capital punishment” of employment law, this type of dismissal is reserved for the most serious kinds of workplace offences, such as assault or theft. It can also apply in cases where an employee repeatedly refuses to follow reasonable directions from management.
Not only can your employer let you go without a severance package, it also prevents you from accessing employment insurance benefits.
READ MORE: Think you may lose your job? 5 quick facts about the termination process
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To justify firing you for cause, your company must prove progressive disciplinary measures were applied and that a less severe punishment wouldn’t be suitable, which is very difficult to do.
If you are dismissed without severance pay, contact an experienced employment lawyer at Samfiru Tumarkin LLP immediately.
We can determine if your employer has grounds to terminate you for cause and ensure that you receive the compensation you are owed if they don’t.
2. Losing your temper can affect your severance pay
While it can be extremely frustrating to lose your job after a poor performance review, remaining calm is crucial.
Getting angry during your termination meeting or doing something to negatively affect the company can put your right to severance at risk. Don’t give your employer a reason to deny you compensation that you are likely owed.
Performance reviews have no effect on the amount of compensation you are entitled to when you are fired without cause or let go. Unless your company can justify dismissing you for cause, you are still owed full severance pay.
READ MORE: 5 things your employer can’t legally do in Canada, according to an employment lawyer
In Ontario, severance for non-unionized employees is calculated using several factors, including age, position at the company, length of service and their ability to find new work.
To figure out how much compensation you could be entitled to, use our firm’s free Severance Pay Calculator tool.
If the offer from your boss falls short of what is legally appropriate, you have been wrongfully dismissed and should take legal action.
Our employment lawyers regularly resolve wrongful dismissal claims and can help you obtain proper severance.
3. Your boss can’t make significant changes to your job
A poor performance review or failing your company’s PIP doesn’t automatically result in termination. Instead of firing you, your employer might decide to make significant adjustments to your job.
Non-unionized workers in Ontario can refuse negative changes to their employment, such as longer shifts, reduced pay or a demotion. These types of modifications are illegal.
READ MORE: The ‘big 5’ workplace rights most often overlooked by employees
If substantial adjustments are made to your job without your consent, the law allows you to resign and pursue full severance pay through a constructive dismissal claim.
However, you shouldn’t quit your job before speaking with an experienced employment lawyer at Samfiru Tumarkin LLP.
We can confirm that you have been constructively dismissed, assess your legal options and help you secure the compensation you are owed.
4. Your boss can’t pressure or force you to resign
Being disappointed with your job performance doesn’t give your employer the right to pressure or force you to quit.
One of the firm’s clients, a hotel manager, received daily text messages from his boss – encouraging him to resign.
Despite the employee clearly stating in multiple messages that he wasn’t interested in quitting, he continued to receive similar texts.
READ MORE: Dealing with a bad boss? 3 things you should do
After two months, the messages became so threatening and forceful that he felt he had no other option than to resign.
Since the texts from the worker’s boss proved that he was ultimately forced to quit his job, Samfiru Tumarkin LLP was able to help him obtain full severance pay through a constructive dismissal claim.
Let an employment lawyer fight for you
If you are concerned about an issue at work, or fired for any reason, contact an experienced employment lawyer at Samfiru Tumarkin LLP.
Our firm has helped numerous non-unionized employees across Ontario enforce their rights and secure the compensation that they are legally entitled to.
READ MORE: 5 of the most common work situations where getting an employment lawyer can help
Contact the firm or call 1-855-821-5900 to secure assistance from an employment lawyer in Ontario, Alberta or British Columbia. Get the advice you need — and the compensation you deserve.
Lior Samfiru and Stephen LeMesurier are employment lawyers at Samfiru Tumarkin LLP, Canada’s most positively reviewed law firm specializing in employment law and long-term disability claims. The firm provides free advice through Canada’s only Employment Law Show on TV and radio.