Fired for Insubordination in Canada? What Employees Need to Know

Key Takeaways

• Termination for insubordination does not automatically mean “just cause”
• Most employees still receive severance pay
• Employers must prove serious and wilful misconduct
• A single incident is rarely enough to justify termination

Introduction

Being fired for insubordination can feel sudden and confusing.

In many cases, employers claim “just cause” — meaning they believe they don’t have to provide notice or severance pay.

But here’s the reality:
Most terminations for insubordination do NOT meet the legal threshold for just cause.

If you’ve been dismissed for this reason, you may still be owed compensation

What Does “Fired for Insubordination” Mean?

Insubordination generally means refusing to follow a reasonable and lawful instruction from your employer.

However, not every disagreement or refusal qualifies.

To prove insubordination, an employer must show:

• The instruction was clear and reasonable
• It was given by someone with authority
• You wilfully refused to follow it

Even then, that doesn’t automatically justify termination without severance.

Can You Be Fired for Insubordination?

Yes — but how you’re fired matters.

There are two types of termination:

1. Termination WITHOUT cause

• You are let go but still receive severance pay

2. Termination WITH cause

• Employer claims serious misconduct
• No severance is provided

Most “insubordination” cases fall into the first category — not the second.

Is Insubordination Just Cause for Dismissal?

Not usually.

To justify termination for cause, the behaviour must be:

• Serious
• Wilful
• Damaging to the employment relationship

Employers are also expected to use progressive discipline, such as:

• Verbal warnings
• Written warnings
• Suspensions

Examples of Being Fired for Insubordination

You may be accused of insubordination if you:

• Refuse to complete a task
• Challenge a manager’s direction
• Decline to follow a workplace policy
• Leave work without permission

But context matters.

When It’s NOT Insubordination

You may have been wrongly accused if you:

• Refused unsafe work
• Declined an illegal or unethical request
• Misunderstood instructions
• Were asked to do something outside your role
• Raised legitimate workplace concerns

Are You Entitled to Severance If Fired for Insubordination?

In many cases — yes.

Even if your employer says “just cause”:

• You may still qualify for severance pay
• The termination could be considered wrongful dismissal

Fired for Insubordination in Ontario

If you work in Ontario:

• Employers often misuse “just cause” to avoid paying severance
• The legal threshold for cause is very high
• You may be owed months of pay, not weeks

Signs You Were Wrongfully Fired for Insubordination

You should speak to a lawyer if:

• You were fired after a single incident
• You didn’t receive warnings first
• The instruction you refused was unreasonable or unsafe
• Your employer immediately claimed “just cause”
• You were dismissed after raising concerns

What to Do Next

If you’ve been fired for insubordination:

1. Do NOT sign anything right away
2. Ask for your termination details in writing
3. Document what happened
4. Speak to an employment lawyer before accepting any offer

This can make a significant difference in what you receive.

Speak to an Employment Lawyer

If you were fired for insubordination, don’t assume your employer is right.

At Samfiru Tumarkin LLP, we’ve helped over 60,000 employees across Canada understand their rights and secure the compensation they’re owed.