Do I have to look for a new job after getting fired?

The short answer is yes. This is called an employee’s duty to mitigate and it can affect how much severance pay a worker is ultimately owed if they are fired without cause or let go.

• Example: Your employer gives you six months of working notice. While you have to continue working during the six-month period, your company must inform you of job opportunities in a similar field and allow you to attend interviews. Your responsibility is to make a reasonable effort to find comparable employment. If you don’t, your severance entitlements could be substantially reduced.

My employer just fired me, what should I do?

Don’t accept a severance offer from your employer before seeking legal counsel. An experienced employment lawyer at Samfiru Tumarkin LLP can review the agreement to ensure you are getting the compensation you deserve.

While your offer is being reviewed, you should apply for Employment Insurance and start looking for work in a similar position or field.

READ MORE
• Crimp Circuit worker didn’t seek new work following wrongful dismissal

As you begin the the job hunt, document your efforts to find comparable employment. This includes keeping a record of every place you applied to, the date you applied, the position you applied for, and what came of the application.

READ MORE
• Can I get my job back if I am fired?

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.

Do I have to take a new job if it pays less than my last one?

Generally, you are not required to accept a position that isn’t similar to your prior role in relation to:

• Salary
• Level of responsibility
• Working conditions
• Hours of work
• Distance from home

If I find a new job, how will it affect my severance?

If you do find a new job during the working notice period, the severance pay you are owed by your employer would be reduced by your mitigation income or whatever you earn during the relevant time period.

A severance package is meant to help you bridge the gap between jobs. Compensation is calculated using a number of factors, including:

• Age
• Position
• Length of service
• Ability to find new work

Once you have secured new employment, your employer’s severance obligations effectively end.

LEARN MORE
• Can I get severance if I have already found a job?
• Severance Pay in Ontario
• Alberta severance packages
• Understanding severance in B.C.

Do I have to tell my employer that I found a new job?

If your company hires an employment lawyer, their first question to you will be whether or not you have found a new job.

Dishonesty on your end could make a potential settlement agreement void. If your matter goes to court, you will be questioned about your efforts to find comparable employment under oath, which means you must tell the truth.

Got a new employment contract? Speak to an employment lawyer

Before signing a new employment contract, take the time to carefully review it. If you are unsure about what you are accepting, have the experienced employment law team at Samfiru Tumarkin LLP review the terms of the agreement.

READ MORE
• Employment lawyer on what workers need to know before starting a new job

Our employment lawyers in Ontario, Alberta and B.C. can help you enforce your workplace rights to ensure you are presented with the most favourable contract available before starting your new position.