Suspended From Work in Ontario: Your Rights Explained (Paid or Unpaid)

Being suspended from work in Ontario can feel stressful and uncertain. Many people worry about pay, job security, and whether a suspension means they’ll be fired next. The truth is that Ontario has clear rules around paid and unpaid suspensions — and employees have more rights than most realize.

This guide explains exactly what a suspension means, the difference between paid and unpaid suspension, how long an employer can suspend you, and your rights if you’re suspended pending investigation.

What Does “Suspended From Work” Mean?

A suspension from work is when your employer temporarily removes you from your duties. Common reasons include:

• An investigation into alleged misconduct
• Workplace disputes
• Performance or disciplinary issues
• Safety or operational concerns

Suspended From Work Pending Investigation: What Are My Rights?

This is one of the most common situations employees face.

If you’re suspended from work pending investigation, you have the right to:

• Know why you’re suspended
• Be told whether it’s paid or unpaid
• Be updated on the investigation timeline
• Return to work once the investigation ends (if no cause exists)
• Contact an employment lawyer if something feels off

Most suspensions pending investigation should be with pay. Taking away your income before any findings are made is risky for employers and often unlawful.

Can an Employer Suspend You Without Pay in Ontario?

Yes — but only in very limited situations.

An employer can’t suspend you without pay unless:

• Your employment contract clearly gives them that right, or
• The employer has just cause for dismissal and chooses a suspension instead.

Suspension Without Pay in Ontario: When It Becomes Constructive Dismissal

Courts in Ontario consistently find that an unpaid suspension, without strong justification, is a major breach of the employment relationship.

You may have a constructive dismissal case if:

• You were suspended without pay
• Your contract does not authorize unpaid suspension
• The employer cannot show serious misconduct
• The suspension feels like a punishment or workplace retaliation before facts are known

This could entitle you to months of severance.

Suspended With Pay vs. Suspended Without Pay (Ontario)

Key insight: Many employees assume a paid suspension is negative — but legally, it’s the safest and most neutral option for employers during an investigation.

How Long Can an Employer Suspend You Without Pay in Ontario?

If the suspension without pay is legal, there is no set time limit. However, the suspension must be:

• Reasonable
• As short as possible
• Connected to an active, timely investigation
• Communicated clearly

Long, unexplained, or “indefinite” suspensions often cross into constructive dismissal territory.

How Long Can You Be Suspended Pending Investigation?

Again, there is no fixed maximum, but:

• The employer can’t drag out the investigation
• You should receive update
• The process must move quickly and fairly

What Does “Suspended Indefinitely” Mean?

“Suspended indefinitely” generally means your employer has removed you from work with no clear return date.

This is legally dangerous for employers.

An indefinite suspension — especially an unpaid one — is often treated as termination without cause in disguise.

You may be owed severance pay in Ontario, which can be as much as 24 months’ pay, depending on your age, role, and years of service.

Suspended at Work — Will I Get Fired?

A suspension does not automatically mean you will be fired.

However, a suspension can lead to one of three outcomes:

1. Return to work with no discipline
2. Return to work with a warning
3. Termination with severance (if the employer lacks just cause for termination)

Disciplinary Suspension in Ontario

A disciplinary suspension is allowed only when:

• Your employment contract or policies authorize it, and
• The employer follows a fair and reasonable process

A disciplinary suspension without pay is especially risky unless your contract expressly allows it.

Paid Suspension During Investigation: What You Need to Know

Being suspended with pay pending investigation in Ontario is the standard, legally safer approach.

You continue earning your income, and the employer uses the suspension to:

• Prevent workplace conflict
• Protect the integrity of the investigation
• Review allegations without presuming guilt

Dismissal or Suspension: What’s the Difference?

A suspension is temporary.
A dismissal is permanent.

But an unpaid or indefinite suspension can legally count as a dismissal, entitling you to severance — especially if you’ve been wrongfully dismissed in Ontario.

Can You Collect EI If Suspended Without Pay?

You may qualify for EI, depending on why you were suspended.

• If it relates to alleged misconduct, EI may be denied.
• If the suspension is unfair, poorly explained, or not supported by evidence, you may still qualify.

An employment lawyer in Ontario can assess the details and help with an EI appeal.

What To Do If You’ve Been Suspended From Work in Ontario

If you were suspended — especially without pay — take these steps:

1. Review your employment contract
2. Save all emails and messages
3. Write down key dates
4. Do not resign
5. Get legal advice before signing anything

You may be entitled to full severance, compensation, or reinstatement.

Talk to an Employment Lawyer About a Suspension in Ontario

If you’ve been suspended with or without pay, or suspended pending investigation, you may have strong legal rights — including the right to significant severance.

At Samfiru Tumarkin LLP, our team has helped over 50,000 people understand their rights, challenge unfair suspensions, and secure the compensation they’re owed.

📞 Call 1-855-821-5900 or use our consultation form today.