Can I get my job back if I am fired?

The short answer is yes. In some cases, an employment lawyer can help a worker get their job back if they have been dismissed.

While most employment law issues have to do with how much severance pay an individual is owed if are fired or lose their job, there are certain situations where an employee has a valid claim to get their job back.

Reinstatement for federally regulated employees

According to the Canada Labour Code (CLC), an unjust dismissal is a legal claim that strictly applies to non-unionized, federally regulated employees who have been fired “for cause” and believe that their termination is unjust or arbitrary. Unlike provincially regulated workers, these individuals can take legal action to be reinstated rather than pursue severance pay.

The following criteria must be met for those looking to file an unjust dismissal claim:

• You work in a federally regulated industry (i.e telecommunications, banking, etc.)
• You are NOT a manager
• Your job was NOT eliminated during an honest corporate restructuring

A number of federally regulated employees are not aware that they can fight to get their job back. Even if you are not a manager, you have security of tenure just like unionized employees do.

Therefore, if you work in a federally regulated industry and you have been fired, there is a chance you could get your job back. It depends on the specific circumstances of your dismissal.

READ MORE
• List of federally regulated companies
• Federally regulated employees and severance

WATCH: Employment lawyer Lior Samfiru explains what rights federally regulated employees have on an episode of the Employment Law Show.

Reinstatement for provincially regulated employees

Ontario, Alberta, and B.C. have provincial legislation that protects the rights of non-unionized workers in a number of ways. In some cases, it can help an individual get their job back if they are fired.

For example, if an employee is the victim of a reprisal, they have the right to be reinstated if they are dismissed. In these situations, employers are not allowed to:

• Fire or threaten to fire you
• Discipline you or threaten to punish you
• Intimidate or coerce you
• Penalize you (i.e. reduce hours and pay, change job position, etc.)

If you are a victim of a reprisal who was fired, an employment lawyer at Samfiru Tumarkin LLP can review your situation and enforce your workplace rights. We can help you secure a severance package if you are provincially regulated, or explore the option of being reinstated with the company.

READ MORE
• Can My Employer: Top 10 Employment Questions

Reinstatement though a human rights complaint

Employees in Canada can also get their job back if they have been the victim of discrimination. Everyone has the right to work in an environment free of bullying and harassment. It is illegal for a worker to be discriminated against based on protected aspects including:

• Age
• Race
• Gender
• Religion

If you experience discrimination in the workplace, you can file a human rights complaint. In addition to being reinstated, you could also receive compensation for the harassment you endured.

READ MORE
• Employee owed $70,000 after sign dispute, discrimination due to marriage
• Shift change and firing of employee with acid reflux was discriminatory: Alberta tribunal
• Employer ordered to pay $99,000 in damages for propositioning employee

Want your job back? Speak with an employment lawyer

If you have been fired and are looking to get your job back, contact the experienced employment law team at Samfiru Tumarkin LLP. We can provide the best course of action for your particular case and ensure your workplace rights have been properly protected.

Even if your situation does not entitle you to reinstatement, you could be missing out on compensation you are owed. Our Severance Pay Calculator can help you figure out how much you are entitled to if you have been fired or lost your job.

If your compensation falls short of what is appropriate, you have been wrongfully dismissed. Canada’s most positively reviewed employment law firm will help you file a claim to ensure you receive full severance pay.