Ontario Court Win: Tow Truck Driver Wins Six Months’ Severance After Theft Allegations Fail

Samfiru Tumarkin LLP secured six months’ severance for an Ontario tow truck driver whose employer accused him of theft and claimed he was an independent contractor. The court rejected both arguments and dismissed the company’s claim against him.

Adam Mazanek had spent five-and-a-half years towing vehicles at Toronto Pearson Airport for Bill & Son Towing. His job ended with a short phone call, no explanation and no severance.

Employment lawyer David Vaughan and the team at Samfiru Tumarkin LLP represented Adam.

The Company Accused Adam Of Theft And Said He Was A Contractor

Bill & Son alleged that Adam had used its fuel card to steal gas, taken items from customers’ vehicles and used its truck for private towing jobs. It argued that these allegations justified firing him without severance.

The company also brought a claim against Adam seeking $100,000.

Separately, it argued that Adam was an independent contractor because he submitted invoices through his corporation and worked with limited supervision.

Our team challenged both the accusations and the contractor label.

The Theft Allegations Did Not Hold Up

One coworker claimed to have seen Adam steal gas hundreds of times. His account changed repeatedly during questioning, and the judge decided his evidence could not be relied on.

The company’s fuel records also had serious gaps.

The judge found that the company had not proved Adam stole gas or items from customers’ vehicles. Its other complaints did not justify firing him without notice or pay.

The company had never given Adam a chance to answer the theft allegations before firing him.

He Was An Employee, Whatever The Company Called Him

Being paid through a corporation did not settle whether Adam was an employee. The court looked at how he actually worked:

• He used the company’s truck and equipment.
• He wore its uniform.
• He earned an hourly wage and could earn more only by working more hours.
• His truck’s location was tracked by GPS.

Adam was working in the company’s business, not running his own towing operation. The court found that he was an employee with severance and vacation pay rights.

Read the full court decision: Mazanek v. Bill & Son Towing, 2021 ONSC 4512.

What This Means For You

• An accusation does not automatically erase your severance. An employer must be able to prove it had grounds to fire you without severance pay. Suspicion alone is not enough.
• Being called a contractor does not make you one. Your day-to-day work matters. Even if you send invoices or have a corporation, you may have been incorrectly treated as an independent contractor in Ontario.
• There may be more than severance to recover. Adam’s employee status also meant he was owed unpaid vacation pay.
• Start looking for suitable work and keep records. Adam began searching almost immediately and found another job about five months later. The court rejected the company’s argument that he had not done enough.

A Lesson For Employers

Before firing someone over suspected theft, check the evidence and give them a chance to respond. Also make sure a contractor arrangement reflects how the person actually works. Our employment lawyers can help you assess both issues before making a costly decision.

Another Ontario severance win: See how our team helped an Ontario contractor protect their severance award.

Fired Without Severance Or Told You Are “Just A Contractor”?

Do not assume your employer’s explanation is the final answer. You may still have significant severance rights in Ontario. Depending on your circumstances, severance can be as much as 24 months’ pay.

Our Ontario employment lawyers can review your working relationship, the reasons for your dismissal and what you may be owed. Our Toronto employment law team helps workers across the GTA, including Etobicoke and the Pearson Airport area.

Work in the trucking industry? Learn more about severance pay for truck drivers.

Many severance disputes can be resolved without going to court. When litigation is necessary, Adam’s case shows how our team can challenge an employer’s accusations and fight for the compensation a worker is owed.