Can I be fired for being late to work?

The short answer is yes. Your employer can fire you for arriving late to work, even if you are late only once due to forces beyond your control.

This is called a termination without cause. In Canada, companies can let non-unionized employees go for any reason, as long as:

• They are provided full severance pay
• The reasons for their dismissal are not discriminatory

What your employer can’t do in this situation is fire you for just cause, which would mean no severance package or access to Employment Insurance (EI) benefits.

To justify terminating you for just cause, the company would have to prove:

• Progressive disciplinary measures were applied
• A less severe punishment would be insufficient

This type of dismissal is reserved for the worst kinds of workplace offences, such as theft or insubordination.

LEARN MORE
• Do I have to look for a new job after getting fired?
• Can I get my job back if I’m fired?
• Severance packages for federally regulated employees
• Severance for provincially regulated employees

WATCH: Employment lawyer Lior Samfiru explains why workers might be able to avoid a termination for cause if they’re late for work, on an episode of the Employment Law Show.

How much severance should I receive?

In Canada, severance for non-unionized employees can be as much as 24 months’ pay.

Your compensation is calculated using a number of factors, including:

• Age
• Position
• Length of service
• Ability to find new work

One of the most common myths surrounding severance pay is that workers should receive one week’s pay, two weeks’ pay, or a week for every year of service they have with the company.

However, this formula might only cover the minimum amount your employer owes you as per provincial legislation.

Use our firm’s Severance Pay Calculator to better understand your entitlements and severance pay range.

Can my employer punish me for being late? 

If being late for work causes your employer loss or harm, then yes, you could face punishment.

However, if you are late one time due to an issue outside of your control, it would be unreasonable for the company to discipline you.

• Example: You are a few subway stops away from your destination when the subway operator informs the train needs to hold for 15 minutes while the crew attends to a maintenance issue. You carefully mapped out this route to give you an extra five minutes to get to work on time. The maintenance issue will result in you being 10 minutes late to work.

While your employer could issue a verbal or written warning – and in some cases suspend you – for being late, you don’t have to accept major changes to your job.

Large modifications such as a demotion, cut in pay, reduction in hours, or negative change to commission are illegal.

When the terms of your employment are significantly changed, the law allows you to resign from your job and seek full severance pay through a constructive dismissal claim.

READ MORE
• Fired after being late in Alberta due to bad weather
• Do I get severance if I quit?

Lost your job? Speak with an employment lawyer

If you were fired for being late to work in Ontario, Alberta, or B.C., contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Toronto, Ottawa, Calgary, and Vancouver have helped tens of thousands of individuals across Canada resolve their workplace issues.

We can review your situation, enforce your rights, and ensure that you receive the compensation you are owed.