Keeping track of your job searches after termination

In Canada, non-unionized employees who are fired without cause or let go from their job are required to look for new work in a similar position or field. This is referred to as a worker’s duty to mitigate.

If you don’t make a reasonable effort to find comparable employment after you have been dismissed, your severance entitlements could be substantially reduced.

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Document the job hunt

To prove that you did make a reasonable effort to find work in a similar position or field after losing your job, make sure you:

• Document every place you applied to, the date you applied, the position you applied for, and what came of the application
• Log how much time you spent updating your resume
• Hang onto any emails you sent with your resume as well as responses from potential employers confirming that your application was received
• Keep a record of any informal conversations or interviews you had with potential employers
• Track how much time you spent on job websites or at networking events and job fairs

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Do I need to be constantly looking for a new job?

You are required to make a “reasonable effort” to find new work in a similar position or field. This doesn’t mean that you need to apply for jobs every second of every day.

Providing thorough documentation of your job hunt will help prove that you made a reasonable effort to find comparable employment and ensure that your severance entitlements are not substantially reduced.

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.

WATCH: Employment lawyer Lior Samfiru explains everything you need to know about severance pay on an episode of the Employment Law Show.

Do I have to look for work outside my area?

The short answer is no. However, this does depend on how tied you are to your current location and the type of work you do.

If you have already accepted your severance offer, double-check it for any non-compete or non-solicit clauses. Some agreements could include a clause that prevents you from finding work elsewhere in your industry after you have been fired or let go.

If you haven’t signed your offer yet, an employment lawyer at Samfiru Tumarkin LLP can review it to ensure your workplace rights are protected.

Do I have to look for a new job if I suffer from a disability?

Some employees suffer from a disability that doesn’t allow them to look for work. In these situations, a court will not fault them for not seeking out new employment.

Your lawyer will need a doctor’s note and possibly other medical records to show that you aren’t capable of looking for work.

Found a new job? Speak to an employment lawyer

After being fired or laid off, it can be tempting to sign a new employment contract immediately so that you can get back to work as soon as possible.

Before accepting any job offer, have the experienced employment law team at Samfiru Tumarkin LLP review the terms of the agreement.

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Our lawyers in Toronto, Ottawa, Calgary, and Vancouver can help you enforce your workplace rights to ensure that you are presented with the most favourable contract available.