Canada

Employment

Wrongful termination, overtime pay, unpaid wages, discrimination, leave rights

25 questions

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Severance & Dismissal

(7)
How much severance pay am I entitled to if I am laid off after many years?
If you're federally regulated and have at least 12 months of continuous service, you’re entitled to 2 days’ wages for each year of service as severance pay.
Can my employer fire me without any reason in a federally regulated workplace?
No — in a federally regulated workplace, your employer cannot fire you without reason after 12 months of service; you have the right to file an unjust dismissal complaint under the Canada Labour Code.
What notice must an employer give before a mass layoff?
An employer covered by the Canada Labour Code must give 16 weeks’ written notice before terminating 50 or more employees from a single establishment.
What damages can I claim if I am wrongfully dismissed?
If you are a non-unionized employee covered by the Canada Labour Code with at least 12 months’ service and were unjustly dismissed, you may claim reinstatement or compensation — typically up to 180 days’ wages — but not punitive or aggravated damages unless exceptional circumstances apply.
Do I have to look for another job (mitigate) after being wrongfully dismissed?
Yes, you generally must make reasonable efforts to find comparable work after being wrongfully dismissed — this is called mitigation — or risk having your damages reduced.
Can my employer force me to resign instead of firing me to avoid paying severance?
No, your employer cannot force you to resign to avoid paying severance — doing so may constitute a wrongful dismissal, and you remain entitled to severance if you have 12+ months of continuous service.
Can a court order my former employer to give me a positive letter of reference as a remedy for unjust dismissal?
Yes, a court or adjudicator under the Canada Labour Code can order your former employer to provide a positive letter of reference as a remedy for unjust dismissal — but only if the order is reasonable, justified, and respects freedom of expression.