Can I be fired for taking on a side gig in Ontario?

The short answer is yes. Employers in Ontario can fire non-unionized workers for taking on a side gig.

This is known as a termination without cause. You can be let go for any reason, as long as you are provided full severance pay and the reasons for your dismissal aren’t discriminatory.

SEE ALSO
• From side hustle to main job: More Canadians turning to gig work
• Can my employer prevent me from taking on a side gig?
• Can employers in Ontario fire workers for taking a vacation?

WATCH: Employment lawyer Lior Samfiru explains what rights employees have if they are being fired or let go on an episode of the Employment Law Show.

Fired “for cause”?

It’s very unlikely that your boss would be able to fire you for cause over a side hustle — meaning no severance package or access to Employment Insurance (EI) benefits.

Considered the harshest punishment in a company’s arsenal, this type of dismissal is reserved for the worst workplace offences, such as serious insubordination, theft, or assault.

To justify firing you for cause, your employer must prove progressive disciplinary measures were applied and that a lesser penalty wouldn’t be suitable, which is very difficult to do.

If you were fired for cause after taking on a side gig, or for any reason, contact an experienced Ontario employment lawyer at Samfiru Tumarkin LLP.

We can determine if this type of dismissal was appropriate in your situation and help you secure proper compensation if it wasn’t.

LEARN MORE
• Do I have to look for a new job after getting fired?
• Can I get my job back if I am fired?
• Employment Law Show: Things to never do before seeking legal counsel

How is severance pay calculated?

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

This includes individuals working full-time, part-time, or hourly in the province.

The amount of compensation you are entitled to is calculated using several factors, including:

To figure out how much compensation you should receive, use our firm’s free Severance Pay Calculator. It has helped millions of Canadians determine their entitlements.

If your company’s offer falls short of what our Severance Pay Calculator says you are owed, it’s very likely that you have been wrongfully dismissed and should take legal action.

We regularly resolve wrongful dismissal claims and can help you secure proper compensation.

LEARN MORE
• Should I negotiate my own severance package in Ontario?
• Rights to severance for provincially regulated employees
• Severance pay for federally regulated workers

My employer is pressuring me to sign my severance offer immediately, what should I do?

It’s not uncommon for employers in Ontario to pressure non-unionized workers to immediately accept severance offers that provide them with far less compensation than they deserve.

If you receive a severance offer from your boss, don’t sign anything until you speak with our firm.

The company can’t legally force you to accept it before leaving a termination meeting or a few days after it was provided to you.

In some cases, employers try to add:

• A termination clause that limits the amount of severance pay you can receive
• Non-compete clauses that prevent you from being able to pursue employment elsewhere in your industry

As long as you didn’t accept the offer and return it to your boss, you have two years from the date of your dismissal to pursue full severance pay.

SEE ALSO
• I already accepted a severance package, what should I do?
• ’60 days or more’: Is it an enforceable termination clause?
• Employment Law Show: 5 facts about employment contracts

My employer won’t provide me with any severance after I declined their offer, can they do that?

The short answer is no. If you are fired without cause in Ontario, your employer must provide you with the minimum amount of severance pay that you are owed under provincial or federal employment standards legislation.

If your boss refuses to give you any severance because you turned down their offer or tried to negotiate more compensation, it’s very likely that you have grounds for a wrongful dismissal claim.

Can my employer punish me for taking on a side gig?

If you engage in a side hustle without explicit approval from your employer, and your employment contract requires you to get the thumbs up beforehand, then you could face punishment.

However, it’s very unlikely that your boss would be able to punish you by making substantial changes to your job.

Major modifications, such as a demotion, pay cut, or workload increase, are illegal in Ontario.

If significant adjustments are made to the terms of your employment without your consent, there is a very good chance that you can treat it as a constructive dismissal.

In this situation, the law allows you to resign and pursue full severance pay.

If you believe that you have been constructively dismissed, don’t quit your job before speaking with an experienced employment lawyer at Samfiru Tumarkin LLP.

ADDITIONAL RESOURCES
• Reprisals at work in Ontario: Employee rights
• What Albertans need to know about changes to their job
• Changes to your employment in B.C.: Your rights

My employer is pressuring me to quit after taking on a side gig, what should I do?

No matter how upset your employer is about your side hustle, the company can’t pressure or force you to resign.

If your boss is encouraging you to step down, document their attempts. Keep any letters, emails, or text messages that show how the company is pressuring you to quit your job.

Once you have gathered all of the relevant documents, don’t resign before seeking legal counsel — you might have grounds for a constructive dismissal claim.

Already resigned?

If you were forced to quit your job for any reason, reach out to our firm.

In addition to severance pay, we can help you obtain compensation for any damages associated with the end of your employment.

LEARN MORE
• Employment Law Show: Facts about forced resignations
• Employment Law Show: What your employer legally can’t do
• Employment Law Show: Situations that trigger legal disputes

Lost your job? Speak with an employment lawyer

If you were fired or let go for taking on a side gig, or for any reason, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Ontario, Alberta, and B.C. have secured favourable outcomes for tens of thousands of non-unionized employees.

We can review your situation, enforce your workplace rights, and ensure that you receive the compensation you are legally entitled to.