Can I be fired in Ontario if I’m late due to weather?

Non-unionized employees in Ontario can be fired because of the weather — even if the conditions are largely out of their control (i.e. heavy rainfall, snowstorm, etc.).

This is called a termination without cause. You can be let go for any reason, as long as:

• You’re provided full severance pay
• The reasons for your dismissal aren’t discriminatory

However, if you were only late once due to the weather, it’s very unlikely that your company would be able to fire you for cause, which would mean no severance package or access to Employment Insurance (EI) benefits.

If you’re terminated without severance because you were late to work due to the weather, contact an experienced employment lawyer at Samfiru Tumarkin LLP immediately.

Being late to work due to the weather doesn’t meet the requirements necessary to deny non-unionized workers a fair severance package.

SEE ALSO
• How to calculate severance pay
• Severance for provincially regulated employees
• Rights to severance for federally regulated employees

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.

Can I be fired “for cause” if I’m consistently late to work due to the weather?

To justify firing staff for cause, employers in Ontario have to prove:

• Progressive disciplinary measures were applied
• A lesser punishment wouldn’t be acceptable

If you’re continually late for work after your company warned you that this behaviour needs to improve, it’s possible they could have grounds to fire you without severance pay.

In the event that this happens to you, it’s still in your best interest to reach out to our firm. We can confirm that this type of dismissal was justified.

SEE ALSO
• Wrongful dismissal: What Ontarians need to know
• Do I have to look for a new job after getting fired?
• Can I get my job back if I am fired?

I was an hour late to work, does my boss still have to pay me for that hour?

Generally, employers in Ontario aren’t legally obligated to pay staff if they are an hour late to work due to the weather.

However, companies in the province should be flexible and allow employees to make up the hour of work that they missed.

Example

A snowstorm blankets the Greater Toronto Area (GTA) with roughly eight centimetres of snow.

Susan, who lives in Mississauga and works for a company in Oshawa, informs her employer that she will likely be an hour late to work because the roads in her area aren’t plowed and traffic remains heavy on Highway 401.

• SEE ALSO: The latest Toronto and GTHA car accidents

Aware that another blast of snow is scheduled to hit the GTA in the evening, the company allows Susan to work remotely for the week.

This temporary arrangement allows her to maintain her normal hours of work and pay.

Does my boss have to accommodate me if I’m running late to work due to severe weather?

The short answer is no. Employers in Ontario have a duty to accommodate when it’s in relation to a protected ground under the province’s human rights legislation.

While severe weather isn’t a protected ground, some examples include:

For many Ontarians, leaving earlier in the day to get to work on time during severe weather isn’t an option since they might have certain obligations (i.e. getting children to school or caring for an elderly relative).

If you believe that your employer didn’t properly fulfill their duty to accommodate, contact an experienced employment lawyer at Samfiru Tumarkin LLP.

We can help you secure the compensation you are entitled to through a constructive dismissal claim.

LEARN MORE
• Employment Law Show: Duty to accommodate in Canada
• What Ontarians need to know about short-term disability claims
• Long-term disability claims: Your rights

Filing a human rights complaint

In addition to a constructive dismissal claim, you can file a human rights complaint to the Human Rights Tribunal of Ontario (HRTO) if your boss doesn’t properly fulfill their duty to accommodate.

The HRTO is responsible for dealing with human rights complaints pertaining to the province’s Human Rights Code.

Successful complaints can result in compensation for the individual who experienced discrimination.

Can my boss punish me for being late to work because of the weather?

If you’ve only been late to work a couple of times because of the weather, it’s unlikely that your employer would be able to punish you by making substantial changes to your job.

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

If significant adjustments are made to the terms of your employment after being late to work because of the weather, connect with a member of our team.

We can tell you if you have grounds for a constructive dismissal claim and whether you were the victim of a workplace reprisal.

ADDITIONAL RESOURCES
• What Albertans need to know about workplace reprisals
• Workplace reprisals in B.C.: Employee rights

My boss is pressuring me to quit after being late to work, what should I do?

No matter how upset your employer is that you arrived at work late due to the weather, the company can’t pressure or force you to quit.

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

Once you have gathered all of the relevant documents, don’t resign before contacting our firm. You might have grounds for a constructive dismissal claim.

Already resigned?

If you were forced to quit your job for any reason, connect with an experienced employment lawyer at Samfiru Tumarkin LLP as soon as possible.

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

LEARN MORE
• Can you rescind a resignation in Ontario?
• Employment Law Show: Facts about forced resignations
• Employment Law Show: What your employer legally can’t do

Workplace issue? Talk to our team

Since 2007, the experienced employment law team at Samfiru Tumarkin LLP has helped tens of thousands of non-unionized individuals resolve their workplace issues.

Whether you’re in Ontario, Alberta, or B.C., our lawyers can review your situation, enforce your rights, and ensure that you receive the compensation you deserve.

Disclaimer: The materials provided above are for general informational purposes only and DO NOT constitute legal advice. For advice specific to your situation, please consult a legal representative at Samfiru Tumarkin LLP.