Fired After 3 Months: Our Team Wins Pay for the Rest of a One-Year Contract

Samfiru Tumarkin LLP won compensation for the rest of Samina Ballim’s one-year contract after Bausch & Lomb Canada Inc. dismissed her just three months into the job. The court awarded pay for the remaining 38.5 weeks, less the two weeks she had already received.

The key evidence was a hiring email. It told Ballim that the position was a one-year contract. When the company later argued that it had not promised her a full year, our team used that email to help prove otherwise.

Ballim was represented by Partner Stan Fainzilberg of our Toronto employment law team.

The Employer Said It Had Not Promised a Full Year

Bausch & Lomb argued that Ballim’s employment contract had no guaranteed end date. It pointed out that the attached agreement did not expressly state a one-year term and said the hiring email should not count as part of the contract.

The company also argued that a maternity-leave replacement was temporary and could end when the other employee returned. On that basis, it maintained that Ballim could be dismissed with severance pay instead.

The Hiring Email Helped Our Team Win

Our team showed that the email and its attachment belonged together. The HR representative had sent both as the job offer, and the email clearly promised a year of employment.

The agreement supported that promise: it set a start date and specified 26 payments, made every two weeks. Neither document said the job would end when the other employee returned or included a clause allowing the company to end the contract early.

The court agreed that Ballim had a binding one-year contract. Ending it after three months did not erase the company’s obligation to pay for the remaining term.

Her Better-Paying New Job Did Not Reduce the Award

Ballim’s new job paid $14,000 more per year. That did not let Bausch & Lomb off the hook.

For this contract, the court found that earnings from her new job did not reduce what the company owed for the remaining term.

Read the full court decision: Ballim v. Bausch & Lomb Canada Inc., 2016 ONSC 6307.

What This Means For You

• Keep your hiring emails. An email sent with your offer can help establish what your employer promised.
• A short time on the job does not necessarily mean a small payout. If your employer ends a fixed-term contract early, you could be owed compensation for the remaining term. The wording of the agreement matters.
• Do not assume a new job ends your claim. Ballim’s higher salary did not reduce her award. Have your contract reviewed before accepting your former employer’s position.

A Lesson For Employers

The email accompanying a job offer can be part of the agreement. Make sure the email and attached contract are consistent about the length of employment and any terms for ending it early.

Another win after a short time on the job: Our team secured four months’ severance for a director dismissed after less than eight months.

Was Your Contract Cut Short?

You could be owed much more than a few weeks’ pay. Our Ontario employment lawyers can review your contract, hiring emails and termination letter to explain what you may be owed.

For employees generally, severance in Ontario can reach 24 months’ pay. A fixed-term contract requires a different review: you may be owed pay through its promised end date. Before you sign, always check first.