The Three Most Often Asked Questions by Employees Who Have Been Fired
Allan M. Kaufman

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

1. Can the employer dismiss me if I was an effective and hard working employee?

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 employees who 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 worked there, and the more senior your job was when you left, the more severance pay you will be able to collect from the employer when you are dismissed.

2. Do I have any legal rights to get my old job back again?

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, 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.

3. If I resigned or quit my job, can I still collect severance pay from my employer?

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, 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.

Once you find yourself without a job, it is always best to focus your attention on finding a new job or a new career. However, in order to do so it is often helpful to have answers to these basic questions about your former job situation.

Allan M. Kaufman, B.A., L.L.B., B.C.L. (Oxon) is an employment law lawyer in Toronto: a.kaufman@bellnet.ca (416) 364-1068

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