One thing non-unionized employees in Ontario don’t expect to lose their jobs over is their race.
When this happens, many workers leave without challenging the termination – unaware of the rights that they have.
While companies in the province 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.
Since race is a protected aspect under provincial and federal human rights legislation, it would be discriminatory for an employer to fire an individual for race-related reasons – making the termination illegal.
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If you believe race was a factor in your dismissal, here are three things you need to do.
1. Carefully review your severance offer
A common misconception is that non-unionized workers in Ontario need to sign their employer’s severance offer as soon as possible.
In my experience, companies often pressure staff to immediately accept offers that provide them with far less compensation than they are owed.
If you receive a severance offer from your boss, don’t sign anything until you speak with an experienced employment lawyer at Samfiru Tumarkin LLP. Your employer can’t force you to accept it before leaving a termination meeting or a few days after it was provided to you.
READ MORE: 5 things employees should never do before talking to an employment lawyer
As long as you didn’t sign the offer and return it to your boss, you have two years from the date of your dismissal to pursue full severance, which can be as much as 24 months’ pay.
In addition to severance, it’s very likely that you are owed compensation for the racism you experienced at the end of your employment.
2. Gather any relevant documents
The more evidence you can provide that race was a factor in your termination, the better. Gather any relevant documents, including letters, emails or text messages, that support your claim.
One of my clients, a customer service representative in Toronto, received an email from his manager – claiming that his job performance in recent weeks had been “extremely disappointing.”
Shocked by the message, the worker politely asked his boss to explain the issues with his performance. However, he didn’t receive a response to his email.
Two weeks later, he got a phone call from his manager – informing him that he was being let go with severance.
Doing his best to maintain his composure, the employee asked his boss why this was happening. He was told that the company doesn’t believe his “people” are the best fit for customer service positions.
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Confident that race was a factor in his termination, he printed off a copy of his email conversation with his manager and called Samfiru Tumarkin LLP.
After reviewing the messages, I told the customer service representative that he was well within his rights to claim wrongful dismissal and file a human rights complaint.
Given the strength of his case, I was able to secure a comprehensive severance package for him and additional damages for the racism that 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.
My firm has helped tens of thousands of non-unionized employees in Ontario 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 and British Columbia. 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.