Can employers in Ontario fire workers for taking a vacation?

In Ontario, non-unionized employees can’t take a vacation whenever they want.

If you take a vacation, and your employer didn’t approve the time off, you could be fired.

While companies in the province must provide staff with a certain amount of vacation each year, they get to choose when an individual takes their time off.

LEARN MORE
• Vacation Pay in Ontario: Employee Rights
• Termination without cause in Ontario: Your rights
• Fired ‘for cause’: What Ontarians need to know

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.

However, if your employer approved your vacation request and then terminated you for exercising your right to time off, this would likely be a reprisal.

In the event that you are fired or let go for taking a vacation, or for any reason, 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 that 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?

Severance for non-unionized employees in Ontario 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

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 non-unionized workers to immediately accept severance offers that provide them with far less compensation than they deserve.

If you receive an offer from your boss, don’t sign anything until you speak with a member of our team.

The company can’t legally force you to accept it before leaving a termination meeting 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.

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 make major changes to my job after a vacation?

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.

• Example: David, an engineering manager in Waterloo, returns to work after his vacation in Mexico. On his first day back, David’s managerial duties are removed and he is demoted to an engineering associate. He doesn’t have an employment contract and didn’t consent to the change — making the modification illegal.

If unwanted changes are made to your job after a vacation, 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
• Vacation pay rights in Ontario
• What Albertans need to know about changes to their job
• Changes to your job in B.C.: What employees need to know

Can employers pressure staff to quit after a vacation?

No matter how upset your employer is that you took a vacation, 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 taking a vacation, 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.