Fired for Being Drunk at Work in Canada: What Employees Need to Know

If you were fired for being drunk at work in Canada, you’re not alone. Many employees panic after an incident involving alcohol, especially if they were dismissed on the spot. But here’s the good news:

• 👉 In many cases, being fired for intoxication at work is not automatically “just cause.”
• 👉 You may still be owed full severance — up to 24 months’ pay.

This guide explains what counts as misconduct, when termination is legal, and what to do next.

Can You Be Fired for Being Drunk at Work in Canada?

Yes — but not automatically for cause. Alcohol-related incidents almost never meet the legal threshold for “just cause” dismissal.

To fire someone for cause, an employer must prove:

• Serious misconduct
• A breakdown in trust
• They used progressive discipline (warnings, suspensions, etc.), unless the incident was extreme
• Termination was a last resort

Is It Illegal to Drink at Work in Canada?

It depends on your job.

• Safety-sensitive positions (drivers, machinery operators, health care, construction): alcohol on the job is generally prohibited.
• Office or non-safety roles may rely on internal workplace policies.

When Is Being Drunk at Work Considered Misconduct?

Your employer has stronger grounds for discipline if the incident involved:

• Risk to safety
• Damage to equipment
• Harassment or aggressive behaviour
• Repeated intoxication incidents
• Ignoring a clear workplace policy

But even then, a single incident rarely meets the high bar for a “just cause” firing.

Most employees are still owed severance.

Alcohol Dependency Is a Disability Under Human Rights Law

This is where many cases shift in favour of the employee.

Alcohol dependence is recognized as a disability under Canadian human rights legislation.

This means your employer has a duty to accommdate you up to undue hardship.

Accommodation can include:

• Time off for treatment
• Modified duties
• A non-punitive approach to discipline
• Return-to-work plans
• EAP referrals

Terminating someone instead of accommodating their disability is discriminatory — and illegal.

When Is a “For Cause” Firing More Likely to Stick?

A termination for cause is more likely if:

• There were multiple prior warnings
• The employee refused treatment or refused to participate in accommodation
• There was serious endangerment of others
• The employer conducted a full investigation
• A clear, consistently enforced Drug & Alcohol Policy was in place

Even then, most cases still fall short of the legal standard.

Are You Still Entitled to Severance?

In most cases: Yes.

Unless the employer proves serious misconduct, you are owed full severance pay in Canada, which can reach:

• Up to 24 months’ pay for long-service employees
• Benefits continuation
• Bonus, commissions, and other compensation

What to Do If You Were Fired for Being Drunk at Work

Take these steps immediately:

1. Don’t argue or admit fault

Anything you say can be used against you.

2. Don’t sign a release

You may be signing away months — or years — of severance. Learn more in our guide to full and final release in Canada.

3. Request the termination reason in writing

This helps determine whether it’s a for-cause or without-cause dismissal.

4. Contact an employment lawyer

A quick review often reveals the employer had no legal basis for firing you for cause.

Speak to an Employment Lawyer Before You Make Any Decisions

If you were fired for being drunk at work, don’t assume your employer was justified. In most cases, termination for cause doesn’t hold up, and employees are still owed significant severance — sometimes as much as 24 months’ pay.

A short conversation with an employment lawyer at Samfiru Tumarkin LLP can confirm:

• Whether the dismissal was legal
• If your employer followed proper investigation steps
• Whether alcohol dependency or accommodation applies
• How much severance you’re actually entitled to
• Whether human rights compensation may also be owed

You don’t need to navigate this alone. Getting advice early can prevent you from signing away your rights or accepting far less than you deserve.