You’re Fired!

What you need to know after being let go

You have recently been dismissed from your job. You are still getting over the shock. Before you start your search for a new job, or a new career, you’ll want to know whether you were treated properly and lawfully by your ex-employer. The questions and answers that follow assume that you were working in a non-union job.

Q: Can the employer dismiss me if I was an effective and hardworking employee?
A: Yes, the employer has the right to dismiss you for any reason whatsoever, including shortage of work, or “reorganizing” the business—even if you were a great employee. This causes considerable distress to people who have worked for the same employer for many years or even decades. As harsh as it may seem, the law in Ontario does not require your employer to reward your years of loyalty and devotion with a job for life. The employer’s only obligation is to pay the dismissed employee an appropriate amount of severance pay.

The amount of severance pay is usually based upon factors such as the number of years you worked for that employer, how senior your job was in the ranks of that company, and your prospects of getting a new job. In short, the longer you have worked there, and the more senior your job was when you were dismissed, the more severance pay you will be able to collect from the employer when you are dismissed.

Q: Do I have any legal rights to get my old job back again?
A: The normal rule is “no”—not even if you were a great employee. The two major exceptions to this rule are: (1) If the employer deliberately dismissed you due to your race, marital status or other discriminatory reason; or (2) if you happened to work in a non-managerial position for an airline, bank, railway, telecommunications company or broadcaster. For these jobs there are different laws that might allow you to seek reinstatement to your former job in very limited circumstances.

However, you should see a lawyer if your case falls within one of these exceptions to the normal rule.

Q: If I resigned or quit my job, can I still collect severance pay from my employer?
A: No. Severance pay is only paid to those employees whom the employer dismisses. If you chose to resign voluntarily, or because you expected to be fired soon, you will have no legal right to severance pay. The only exception is in the rare case where you quit because the employer did everything to force you to quit (“constructive dismissal”), which is a situation you would need to discuss with a lawyer. If, however, you approach your employer before resigning, and negotiate a departure that is agreed to by both you and the employer, you might be able to negotiate some form of severance payment from the employer.

If you find yourself without employment, it is easier to focus your attention upon finding a new position or a new career with any issues regarding your former job situation put to rest.

Allan M. Kaufman, B.A., L.L.B., B.C.L. (Oxon) is an employment law lawyer in Toronto. He can be contacted about this article at: a.kaufman@bellnet.ca or at (416) 364-1068