For many non-unionized employees in Canada, being fired because of their age can be an overwhelming experience.
In most cases, workers won’t challenge the termination because they believe that their employer has the right to do so.
While companies can fire non-unionized employees for any reason, two conditions have to be met.
Staff must receive full severance pay and the reasons for their dismissal can’t be discriminatory. This is known as a termination without cause.
READ MORE: Think you may lose your job? 5 quick facts about the termination process
Since age is a protected aspect under federal and provincial human rights legislation, it would be discriminatory for an employer to fire an individual for age-related reasons – making the termination illegal.
If you believe age was a factor in your dismissal, here are three things you need to do.
1. Don’t accept your severance offer immediately
In Canada, it’s not uncommon for employers to pressure non-unionized workers to immediately sign severance offers that provide them with far less compensation than they deserve.
Getting legal advice before accepting an offer is crucial. Once you sign on the dotted line, you forfeit your right to pursue full severance, which can be as much as 24 months’ pay.
READ MORE: Law firm’s tool helps employees figure out how much severance they’re owed if fired
If you receive a severance offer from your boss, hold off on accepting anything until you speak with an experienced employment lawyer at Samfiru Tumarkin LLP. The company can’t force you to sign it before leaving a termination meeting or a few days after it was provided to you.
As long as you didn’t accept the offer and return it to your employer, you have two years from the date of your dismissal to obtain proper severance.
In addition to severance, there is a very good chance that you are owed compensation for the age-based discrimination you experienced at the end of your employment.
READ MORE: 5 things employees should never do before talking to an employment lawyer
2. Gather any relevant documents
The more evidence you can provide that age was a factor in your termination, the better. Gather any relevant documents, including letters, emails or text messages, that support your claim.
One of the firm’s clients, a 68-year-old customer service representative, was asked by his boss in an email if he was thinking about retiring after 33 years at the company.
In his response to his manager, the worker said he “loved his job” and that he wasn’t interested in retiring.
A week later, he was informed by his employer that he was being let go with severance. During his termination meeting, his boss told him that he “should have retired when he was asked.”
READ MORE: Employers enticing older Canadians to exit retirement: 4 key rights you have
Confident that age was a factor in his dismissal, he printed off a copy of his email conversation with his manager and contacted Samfiru Tumarkin LLP.
After reviewing the email conversation, our lawyers told the worker that he was well within his rights to claim wrongful dismissal and file a human rights complaint.
As a result, we were able to secure a comprehensive severance package for the customer service representative and additional damages for the age-based discrimination he experienced at the end of his employment.
3. Contact us
If you are fired or let go for any reason, or believe that your human rights have been violated, contact the experienced employment law team at Samfiru Tumarkin LLP.
Our firm has helped tens of thousands of non-unionized individuals in Ontario, Alberta and British Columbia resolve their workplace issues.
READ MORE: 5 of the most common work situations where getting an employment lawyer can help
We can review your situation, enforce your rights and ensure that you receive the compensation you are legally entitled to.
Fired? Lost your job? Boss pressuring you to accept a severance offer immediately?
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 Jeremy Herman 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.