I am about to get fired. What should I do?

If you get the feeling that you are about to be fired or terminated from your employment in Ontario, Alberta or British Columbia, it is difficult not to feel fearful, especially during these uncertain times. As difficult as it may be, try not to panic.

Do not canvass other employees, who are lateral or subordinates to you, about whether or not they believe that you are on the “chopping block”.

Here is what you should do if you think you are about to get fired.

Speak to your manager, get the facts

As a starting point, approach the source and speak directly with your manager to discuss if the company has any concerns with regard to your performance in your role, and whether the company has any intentions of restructuring your position within the company. Although it might be difficult to hear the responses of your manager, it is better to be prepared for a potential termination. This is the perfect opportunity to raise your concerns, ask questions, and to see if there is anything you can or should be doing to help improve the chances of you retaining your position with the company. If you require skill or performance improvement, show initiative by asking your manager for retraining or what courses you can take to assist you in bettering your skills in your role.

Keep in mind, your manager may not be honest with you about your continued employment. Your manager may be concerned that if you are advised of your potential termination, that you may not be as dedicated of an employee or that you may act maliciously.

Do not quit or resign your employment!

If you quit or resign, you may not be entitled to the severance package you would normally receive from your employer if you were terminated. A severance package will aid you in bridging the gap between employment opportunities. If you resign prior to being fired, you will not be entitled to severance. Additionally, if you resign, you will not be eligible for Employment Insurance (EI) benefits through Service Canada. EI provides further support to employees who have been terminated by their employer.

WATCH: Employment lawyer Lior Samfiru talks about forced resignations on a Season 3 episode of the Employment Law Show.

Gather any records of important documents related to your job

Begin documenting everything. Make sure you keep this documentation at home, in case you are walked out immediately upon being fired. Collect all documents to support your employment history with your employer, such as your:

• employment agreements;
• promotions or wage increases;
• performance evaluations;
• and details of any disciplines or performance improvement plans you have received from your employer during your tenure.

Also, make sure you have a record of any other benefits you are receiving, such as:

• Bonuses;
• stock options;
• continuing education benefits;
• membership dues;
• or car allowance

What do I do next?

Continue to do your job to the best of your abilities, even if you feel that you may be fired. You do not want your employer to be able to have further “ammunition” against you. You also don’t want to give your employer a reason to terminate your employment for cause. This would potentially disentitle you to a severance package.

READ MORE
• Severance pay for Ontario employees
• Full Albert severance package
• B.C. severance pay

Contact an employment lawyer

You should contact an employment lawyer prior to your termination. An employment lawyer can assist you with any questions or concerns you have. This will allow you to already have established a relationship and good rapport with legal counsel to give you some peace of mind that you have support in your corner. Additionally, you then have an open line of communication with our team if you do lose your job and need your severance package reviewed.

An employment lawyer can advise if the severance package you have been offered by the company is reasonable – and how much you are actually entitled to. Depending on a number of factors, your severance could amount to 24 months’s pay.