Can my employer fire me by text or email?

Employers have a vested interest in remaining professional and fair when it comes to letting people go. Companies that want to remain in business should think twice before letting people go by text or email. Firing somebody in this manner might hurt morale among staff, or prevent more sought-after employees from applying.

Regardless of how an employer informs their employees of a termination, it is important that they give appropriate notice or severance. Employers often offer far too little severance, which is where we come in.

If you have been laid off by text or email, avoid retaliation. Focus your efforts on addressing the situation in a productive and professional manner, and get the entitlements that they owe you.

Is it legal for my employer to fire me via text or email?

While it may not be the most appropriate way to fire someone, it is legal for your employer to fire you through a brief text or email. There are no laws in Canada that determine the method that an employer must use to fire a worker. Companies also have a lot of leeway when it comes to why an employee is let go.

LEARN MORE
• Can my employer fire me over Zoom or video conferencing?
• Can I be fired if my network, phone or internet goes down?

WATCH: Employment lawyer Lior Samfiru, partner at Samfiru Tumarkin LLP, discusses the rights of employees who are fired by text on Season 4 episode 3 of the Employment Law Show.

An employer can let somebody go for any reason, as long as the motivation isn’t discriminatory in nature (for example, an employer can’t fire an employee because of their gender or age). We call this a termination without cause. An employee let go in this manner must receive a severance package.

Some employers claim that they are firing a worker “for cause” over bad performance, being late for work, or because they are a bad fit for the company. In most cases, the reasons for this type of termination don’t constitute a valid dismissal for cause. The employer still owes an employee severance in this case.

Employers must provide full severance

Regardless of how an employee is let go, their employer must provide them with compensation when they lose their job “without cause”. This compensation can come in the form of working notice, severance pay, or a combination of both.

Provincial rules in Ontario, BC and Alberta establish the minimum severance an employee must receive. But it is really the country’s courts, or common law, that determine a person’s full severance package. This is based on a number of factors, including:

• An employee’s age;
• The length of service or time in the job; and
• Availability of similar employment.

There are other factors that we use to determine an employee’s compensation. The Severance Pay Calculator can give you a good idea as to whether or not your employer is relying on the correct factors. Quite often, severance packages are a far cry from where they should be. When an employer doesn’t provide the proper amount of severance, this is called a wrongful dismissal.

LEARN MORE
• Severance for BC employees
• Alberta severance packages
• Severance pay in Ontario

What to do when you’re fired

Your first priority is speaking to an employment lawyer to find out if you have been wrongfully dismissed. We can help you secure your entitlements, even in a case where a clause in your employment contract may, at first glance, limit your rights. Tens of thousands of Canadians have come to rely on us to secure full and fair severance.