Can I be fired after asking for a raise in Ontario?

The short answer is yes. While many people consider it cruel and inappropriate to fire staff after they ask for a raise, employers in Ontario are within their legal right to do so.

This is known as a termination without cause. Non-unionized workers in the province can be let go for any reason, as long as:

• They are provided full severance pay
• The reasons for their dismissal aren’t discriminatory

However, it’s very unlikely that your boss would be able to fire you for cause in this situation, which would mean no severance package or access to Employment Insurance (EI) benefits.

This punishment is reserved for the most serious workplace offences, such as blatant disobedience, fraud, or assault.

Not only does the company have to prove progressive disciplinary measures were applied, but that a lesser penalty wouldn’t be acceptable, which is very hard to do.

If you are fired or let go shortly after asking for a raise, contact an experienced Ontario employment lawyer at Samfiru Tumarkin LLP.

We can review your situation, assess your legal options, and help you secure the compensation you deserve.

LEARN MORE
• Do I have to look for a new job after getting fired?
• Can I get my job back if I am fired?
• Should I negotiate my own severance package in Ontario?

Humphrey v. Mene Inc.

In Humphrey v. Mene Inc., Jacquelyn Humphrey was suspended without pay after she requested a salary increase.

A few days later, Mene Inc. fired her for cause — alleging performance issues and that she had engaged in various forms of misconduct.

However, the Court of Appeal for Ontario (ONCA) found that Humphrey’s termination was triggered by her request for a salary increase.

As a result, she was awarded a significant amount of severance pay and damages for the mental distress that she suffered during the ordeal.

WATCH: Employment lawyer Lior Samfiru explains what rights employees have if they are being fired or let go on an episode of the Employment Law Show.

How is severance pay calculated?

In Ontario, severance for non-unionized employees can be as much as 24 months’ pay.

The amount of compensation you are entitled to is calculated using several factors, including:

• Age
• Position at the company
• Length of service
• Ability to find new work

To figure out how much severance you could be owed, use our firm’s free Severance Pay Calculator.

If your company’s offer falls short of what is appropriate, you have been wrongfully dismissed and should take legal action.

We can help you file a claim to ensure that you receive proper compensation.

LEARN MORE
• Severance pay for provincially regulated employees
• Rights to severance for federally regulated employees
• Severance pay in a recession

My employer is pressuring me to sign my severance offer immediately, what should I do?

Employers in Ontario can’t legally force non-unionized workers to accept a severance offer before leaving a termination meeting or even a few days after receiving it.

If your boss provides you with an offer, don’t sign anything before speaking with our firm.

In some cases, companies try to add:

• A termination clause that limits the amount of severance pay you can receive
• Non-compete clauses that prevent you from being able to pursue employment elsewhere in your industry

As long as you didn’t accept the offer and return it to your employer, you have two years from the date of your dismissal to pursue full severance pay.

SEE ALSO
• I already accepted a severance package, what should I do?
• ’60 days or more’: Is it an enforceable termination clause?
• Employment Law Show: 5 facts about employment contracts

Can my employer punish me if I ask for a raise?

If you ask your employer for a raise, the company can’t make substantial changes to your job as punishment.

Major modifications, such as a demotion, relocation, or reduction in hours, are illegal in Ontario.

When significant adjustments are made to the terms of your employment without your consent, there is a very good chance that you can treat it as a constructive dismissal.

In this situation, the law allows you to resign and pursue full severance pay.

However, you shouldn’t quit your job before an experienced Ontario employment lawyer at Samfiru Tumarkin LLP confirms that you have been constructively dismissed.

LEARN MORE
• Employment Law Show: Reprisals at work in Canada
• Employment Law Show: Things to never do before seeking legal counsel

My boss is pressuring me to quit after I asked for a raise, what should I do?

While your employer might be upset that you asked for a raise, the company can’t pressure or force you to resign.

If your boss is encouraging you to step down after requesting a wage increase, document their attempts. Keep any letters, emails, or text messages that show how the company is pressuring you to quit.

Unfortunately, pressure from management can be so extreme that some non-unionized employees don’t feel they have any other option than to resign.

If you are ultimately forced to quit your job for any reason, contact Samfiru Tumarkin LLP immediately.

In addition to a severance package, you could be owed compensation for any damages associated with the end of your employment.

LEARN MORE
• Employment Law Show: How to handle a bad boss
• Employment Law Show: Facts about forced resignations
• Employment Law Show: What your employer legally can’t do

Lost your job? Speak with an employment lawyer

If you are fired or let go shortly after asking for a raise, or for any reason, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Ontario, Alberta, and B.C. have helped tens of thousands of non-unionized individuals resolve their workplace issues.

We can review your situation, enforce your rights, and ensure that you receive the compensation you are legally entitled to.