Can employers in Ontario fire workers for getting married?

Employers in Ontario can’t fire non-unionized workers because they got married.

Since martial status is a protected ground under provincial and federal human rights legislation, it would be discriminatory for a company to let an individual go for tying the knot — making the termination illegal.

There are other ways that discrimination based on marital status could present itself in the workplace, including:

• Terminating an employee for getting divorced
• Compensating a worker differently for being married or single
• Denying certain benefits because an employee isn’t married
• Punishing a worker for being in a same-sex marriage

However, non-unionized employees can be fired for any reason, as long as they are provided full severance pay and the reasons for their dismissal aren’t discriminatory. This is known as a termination without cause.

SEE ALSO
• Termination for cause in Ontario: Employee rights
• Can I be fired in Ontario for taking a vacation?
• Can employers in Ontario fire staff during maternity or parental leave?

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.

If you believe marriage was a factor in your dismissal, contact an experienced Ontario employment lawyer at Samfiru Tumarkin LLP immediately.

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?
• Employment Law Show: Things to never do before seeking legal counsel

How is severance pay calculated?

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

This includes individuals working full-time, part-time, or hourly in the province.

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

To figure out how much compensation you should receive, use our firm’s free Severance Pay Calculator. It has helped millions of Canadians determine their entitlements.

If your company’s offer falls short of what our Severance Pay Calculator says you are owed, it’s very likely that you have been wrongfully dismissed and should take legal action.

We regularly resolve wrongful dismissal claims and can help you secure proper compensation.

LEARN MORE
• Should I negotiate my own severance package in Ontario?
• Rights to severance for provincially regulated employees
• Severance pay for federally regulated workers

Am I owed more severance if I’m fired for getting married?

If marriage was a factor in your dismissal, it may not mean that you are entitled to more severance pay.

However, you could be owed additional compensation (i.e. human rights damages) for the discrimination that you experienced at the end of your employment.

Filing a human rights complaint

If you were fired or let go for getting married, or unwanted changes were made to your role, reach out to our firm. We can determine if you have grounds for a human rights complaint.

The Human Rights Tribunal of Ontario is responsible for dealing with complaints pertaining to the province’s Human Rights Code.

Successful human rights complaints can result in compensation for individuals who experienced discrimination in the workplace or at the end of their employment.

SEE ALSO
• Ontario worker awarded nearly $85K in wrongful dismissal case
• CBC News: Employment lawyer on home-care nurse discrimination case

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

It’s not uncommon for employers in Ontario to pressure staff to immediately accept severance offers that provide them with far less compensation than they are owed.

If you receive a severance offer from your boss, don’t sign anything until you speak with an experienced employment lawyer at Samfiru Tumarkin LLP.

The company can’t legally force you to accept it on the spot or a few days after it was provided to you.

In some cases, employers 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 boss, you have two years from the date of your dismissal to pursue full severance pay.

In addition to severance, we can determine if you are owed compensation for any discrimination that you experienced at the end of your employment.

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

My employer won’t provide me with any severance after I declined their offer, can they do that?

The short answer is no. If you are fired without cause in Ontario, your employer must provide you the minimum amount of severance pay that you are owed under provincial or federal employment standards legislation.

If your boss refuses to provide you any severance because you turned down their offer or tried to negotiate more compensation, it’s very likely that you have grounds for a wrongful dismissal claim.

Can my employer punish me for getting married?

Employers in Ontario can’t punish, or threaten to punish, non-unionized employees for asserting their workplace or human rights.

If you are punished for getting married (i.e. the company fires you for tying the knot, makes changes to your job, etc.), this would be a human rights violation and likely a reprisal.

In this situation, you should contact our firm as soon as possible.

SEE ALSO
• Employment Law Show: What to know about reprisals at work
• Employment Law Show: How to handle a bad boss
• Employment Law Show: Mistakes employers in Canada make

Can my employer make major changes to my job after getting married?

In Ontario, non-unionized workers don’t have to accept significant adjustments to the terms of their employment.

Major modifications, such as a demotion, pay cut, or workload increase, are illegal in the province.

If unwanted changes are made to your job after getting married, or for any reason, contact an experienced employment lawyer at Samfiru Tumarkin LLP.

We can determine if you have grounds for a constructive dismissal claim, which would allow you to resign and pursue full severance pay.

ADDITIONAL RESOURCES
• What Albertans need to know about changes to their job
• Changes to your job in B.C.: What employees need to know
• Employment Law Show: What to know about changes to your job

Can employers pressure staff to quit after getting married?

While your employer might be upset that you got married, the company can’t pressure or force you to resign.

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

Once you have gathered all of the relevant documents, don’t resign before seeking legal counsel — you might have grounds for a constructive dismissal claim.

Already resigned?

If you were forced to quit your job for any reason, connect with a member of our team as soon as possible.

In addition to severance pay, we can help you obtain compensation for any damages associated with the end of your employment.

LEARN MORE
• Employment Law Show: Facts about forced resignations
• Employment Law Show: What your employer legally can’t do
• Employment Law Show: Situations that trigger legal disputes

Lost your job? Speak with an employment lawyer

If you are fired or let go for getting married, or for any reason, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Ontario, Alberta, and B.C. have secured favourable outcomes for tens of thousands of non-unionized employees.

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