Can my employer revoke my termination in Canada? Your rights explained

Question

My employer terminated my employment and gave me working notice. Now, they’ve told me they don’t want me to leave and have revoked my termination. Can they do that?

Answer

An employer can’t revoke an employee’s termination without the employee’s consent. Once you’re fired or let go, the decision is final unless you agree to return. This applies to employees across Canada, including Alberta, BC, and Ontario.

If an employer decides to reverse their termination decision, it is ultimately your choice whether or not you return. You can accept the offer and continue working, or you can treat the termination as final and collect your full severance pay. You are under no obligation to return, and your employer cannot force you back into your job.

What happens if your employer “unfires” you?

Once you’ve been officially terminated, your employment contract is effectively ended. Even if your employer changes their mind and wants you to stay, they can only retract the termination if you agree.

You might be wondering: What if I want to return? Or what if I don’t? Let’s explore your options.

• If you want to return: You can accept your employer’s offer to continue working. Your employment will essentially continue from where it left off, with the same salary, benefits, and seniority.
• If you don’t want to return: You are free to reject the offer. If you choose to leave, your employment will be treated as fully terminated, and you’ll still receive your severance package, as required by law.

Regardless of your decision, you should consult an employment lawyer to review your situation. Our experienced team at Samfiru Tumarkin LLP can ensure that you’re getting everything you’re entitled to, including severance pay.

Do you have to return to work after your termination is cancelled?

No. The decision to return to work after your termination is entirely up to you. If you’d rather leave, you can proceed with the termination and claim the severance package you’re owed. This is especially important if you feel uncomfortable continuing your employment after a layoff attempt.

Many employees hesitate to return after a termination is canceled, wondering if their employer might try to let them go again down the road. By law, your employer can’t force you to come back, and you have no obligation to return unless you choose to.

What if there’s a gap between your termination and the revocation?

If there’s a significant gap between your original termination date and your employer’s decision to revoke it, you should be cautious. Your employer might treat the re-employment as a new job, which could impact your seniority and severance in the future.

• For instance: If your employer brings you back after a delay, they may attempt to shorten your length of service, which reduces the severance you’d be entitled to if they terminate you again. This is a critical point to clarify with your employer before agreeing to return.

To protect yourself, get written confirmation from your employer that your seniority and benefits will be fully restored if you accept the offer to come back. Legal advice is essential in these situations to ensure your employment rights are protected.

Dismissal with cause vs. without cause: Why it matters

When discussing termination, it’s important to understand the difference between being dismissed with cause and without cause.

• Dismissal with cause: Your employer may terminate your employment without severance if they have a valid reason, such as serious misconduct. However, proving “cause” is difficult, and many employers use it as a way to avoid paying severance. Always have an employment lawyer at Samfiru Tumarkin LLP review your case if you’re terminated for cause.
• Dismissal without cause: In most cases, employers terminate employees without cause, which means they don’t need a specific reason, but they must provide severance pay or notice. If your termination is without cause, you’re entitled to a fair severance package.

Even if your termination is later revoked, the fact that you were terminated remains important, especially when it comes to negotiating your severance.

Why you should have an employment lawyer review your severance package

Severance pay is one of the most significant financial benefits you receive after losing your job, but many employers offer less than you’re entitled to. Before you accept any offer—whether it’s severance or a request to return to work—get your severance reviewed by our legal professionals.

Our lawyers at Samfiru Tumarkin LLP frequently find that severance offers fall short of what employees should receive. In these cases, it’s possible to negotiate a better package or file a claim for wrongful dismissal. Keep in mind that you only have two years from your termination date to pursue full compensation.

We can help

If your employer revokes your termination, it’s important to understand the legal implications of your decision to return—or not. Whether you’re being asked to come back after a few days or a longer period, you need to protect your rights.

The team of experienced employment lawyers at Samfiru Tumarkin LLP can:

• Review your severance package to ensure you’re getting fair compensation.
• Negotiate your re-employment terms to protect your seniority and benefits.
• Advise you on your best options based on your unique circumstances.

Whether you choose to return to work or follow through with the termination, we’re here to help you make an informed decision and secure the compensation you deserve. Our lawyers in Ontario, Alberta, and B.C. have successfully represented tens of thousands of non-unionized individuals.

In addition to severance package negotiations, we can assist you on a broad range of employment matters, including:

Are you a non-unionized employee who needs help with a workplace issue? Contact us or call 1-855-821-5900 to get the advice you need and the compensation you deserve.