CanadaEmployment
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.
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Employment Insurance
(4)Can I collect employment insurance if I quit my job voluntarily?
You may qualify for Employment Insurance (EI) after quitting if you had 'just cause' — a valid reason that made continuing employment unreasonable — as defined under the Employment Insurance Act.
How many hours do I need to work to qualify for employment insurance benefits?
You generally need to have worked between 420 and 700 insurable hours in the last 52 weeks (or since your last EI claim, whichever is shorter) to qualify for regular Employment Insurance benefits in Canada.
Will I lose my employment insurance if I was fired for misconduct?
Yes, you may lose your Employment Insurance (EI) benefits if you were fired for misconduct, because the Employment Insurance Act disqualifies claimants who lose their job due to their own misconduct.
What happens to my employment insurance if I refuse a job offer while collecting benefits?
If you refuse a job offer while collecting Employment Insurance (EI) benefits in Canada, you may lose your benefits unless you had just cause for refusing — such as unsafe working conditions, wages significantly below industry standards, or the job being unsuitable for your skills or location.
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Leaves & Benefits
(4)How long is maternity leave in Canada and do I get paid during it?
In Canada, eligible employees can take up to 17 weeks of unpaid maternity leave under federal law, and may receive Employment Insurance (EI) maternity benefits for up to 15 weeks. Parental benefits are available for up to 35 or 61 weeks.
How much annual vacation am I entitled to under federal law?
Under federal law in Canada, most employees are entitled to at least 2 weeks of paid vacation after completing one year of employment.
What is the federal minimum wage in Canada?
There is no single federal minimum wage set in the Canada Labour Code — it defers to provincial/territorial minimum wages for most workers, and the Governor in Council sets the federal rate only for federally regulated employees.
Can I receive disability insurance benefits on top of my employment insurance benefits?
Yes, you can usually receive disability insurance benefits on top of Employment Insurance (EI) sickness benefits in Canada, because they are considered 'collateral benefits' and are not deducted from EI payments.
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Harassment & Discrimination
(3)Can an employer refuse to hire me because of a job requirement that excludes people of my religion?
No, an employer generally cannot refuse to hire you because of a job requirement that excludes people of your religion — unless the requirement is a bona fide occupational requirement (BFOR) that the employer can legally justify.
What can I do if I am being sexually harassed at work?
You can report the harassment internally to your employer, file a complaint with the Canadian Human Rights Commission (if federally regulated), or seek help from your provincial human rights body (if provincially regulated). You are legally protected from retaliation.
Can my employer fire me for union activity or trying to organize a union?
No, your employer cannot fire you for union activity or trying to organize a union in Canada. The Canada Labour Code prohibits dismissal or discrimination based on union involvement.
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Workplace Rights
(4)What is the maximum number of hours I can be required to work per week?
For federally regulated employees in Canada, the maximum standard workweek is 40 hours. Working beyond that triggers overtime pay, but there is no absolute legal cap on total weekly hours unless safety or collective agreement rules apply.
What standard of review applies when a court reviews a labour arbitration decision?
In Canada, courts apply the reasonableness standard when reviewing labour arbitration decisions, unless the issue is a true question of jurisdiction or constitutional law — then correctness applies.
Does my union have a duty to represent me fairly in a grievance?
Yes, your union in Canada has a legal duty to represent you fairly in a grievance — it must act honestly, in good faith, without discrimination, and without arbitrary or capricious conduct.
Can my employer monitor my personal activities on a work computer?
Yes, your employer can generally monitor your personal activities on a work computer in Canada, especially if they have a clear policy and you have no reasonable expectation of privacy.
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Duty to Accommodate
(3)Can my employer discriminate against me because of my age or disability?
No, your employer cannot discriminate against you because of your age or disability — both are prohibited grounds under the Canadian Human Rights Act.
Does my employer have to pay men and women equally for work of equal value?
Yes, under Canada’s Pay Equity Act, employers must ensure men and women receive equal pay for work of equal value — especially by increasing compensation for predominantly female job classes to achieve pay equity.
Is my employer required to accommodate my disability in the workplace?
Yes, your employer in Canada is generally required to accommodate your disability up to the point of undue hardship, as required by the Canadian Human Rights Act.