Natural disasters in Ontario: What employees need to know

Can my employer force me to work during a natural disaster?

If a natural disaster makes it unsafe for non-unionized employees in Ontario to perform their job duties, employers can’t force staff to work.

The province’s Occupational Health and Safety Act (OHSA) requires businesses to provide a safe work environment for their staff.

Since natural disasters can create a legitimate workplace safety issue, Ontarians might be able to exercise their right to refuse unsafe work.

• Example: You are a groundskeeper in Ottawa. One day, news outlets inform you that crews are fighting a massive wildfire north of the city, which has already created a significant amount of air pollution for Ottawa and surrounding areas. Despite concerns about air quality, your boss instructs you to continue working. Since you would have to spend multiple hours outdoors, there is a very good chance that you would be able to exercise your right to refuse unsafe work — making it illegal for the company to force you to continue working.

If you believe a natural disaster has made it unsafe for you to continue performing your job duties, inform your employer in a letter or email immediately.

Unfortunately, some companies refuse to take the appropriate steps to provide a safe work environment. In this situation, reach out to the Ministry of Labour Health and Safety Contact Centre.

If you are punished or fired by your boss for exercising your right to refuse unsafe work, contact an experienced employment lawyer at Samfiru Tumarkin LLP.

We can review your situation, assess your legal options, and help you secure the compensation you deserve.

WATCH: Employment lawyer Lior Samfiru explains several things employees shouldn’t do before seeking legal counsel on an episode of the Employment Law Show.

Types of natural disasters

My boss made major changes to my job after refusing unsafe work, can they do that?

Non-unionized workers in Ontario don’t have to accept substantial changes to the terms of their employment.

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

If your employer makes significant adjustments to your job without your consent, there is a very good chance that you can treat it as a constructive dismissal.

In this situation, the law allows you to resign and pursue full severance pay.

However, you shouldn’t quit your job until a member of our team confirms that you have been constructively dismissed.

ADDITIONAL RESOURCES
• What Albertans need to know about changes to their job
• Changes to your job in B.C.: Employee rights

How is severance pay calculated in Ontario?

In Ontario, severance for non-unionized employees 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:

• Age
• Length of service
• Position at the company
• Ability to find new work

If a natural disaster reduces the number of jobs available in a specific geographic area, workers in that area could be entitled to an enhanced severance package if they are fired or let go.

To figure out how much you could be owed, use our firm’s free Severance Pay Calculator. It has helped millions of Canadians determine their severance entitlements.

If your company doesn’t provide you with the correct amount, you have been wrongfully dismissed and should contact Samfiru Tumarkin LLP immediately.

We regularly resolve wrongful dismissal claims and can help you secure proper severance.

LEARN MORE
• Severance pay for provincially regulated employees
• Rights to severance for federally regulated workers
• Severance packages in a recession

My workplace was destroyed by a natural disaster, am I still owed severance pay?

If your workplace is destroyed or significantly damaged by a natural disaster, making employment impossible for the foreseeable future, it’s very unlikely that your employer would have to provide you with a severance package.

However, if you are able to continue performing your job duties remotely, then you would be entitled to compensation if you are fired or let go.

SEE ALSO
• Can employers in Ontario force staff to relocate?
• Do I have to tell my employer I’m working from another province?

My boss is pressuring me to quit after refusing unsafe work, what should I do?

No matter how upset your employer is that you exercised your right to refuse unsafe work, the company can’t pressure or force you to resign.

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 Ontario 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
• 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

Can my boss fire me for refusing to work during a natural disaster?

Employers in Ontario can fire non-unionized workers for any reason, as long as they are provided full severance pay and the reasons for their dismissal aren’t discriminatory. This is known as a termination without cause.

If you refuse to work during a natural disaster, and the current conditions aren’t creating an unsafe work environment, this could be seen as insubordination — potentially justifying a termination for cause.

In this situation, your boss doesn’t owe you a severance package and you won’t be able to access Employment Insurance (EI) benefits.

However, to justify firing you for cause, the company must prove progressive disciplinary measures were applied and that a lesser punishment wouldn’t be acceptable, which is very difficult to do.

In our experience, most non-unionized employees don’t meet the conditions necessary for this type of dismissal and are entitled to severance pay.

SEE ALSO
• Can I be fired in Ontario if I’m late due to weather?
• Do I have to look for a new job after getting fired?
• Employment Law Show: Facts about the termination process

Natural disaster aid in Ontario

In addition to severance and EI, there are certain programs that are designed to support Ontarians financially in the event of a natural disaster:

Declared Emergency Leave

If the province or a municipality declares a state of emergency due to a natural disaster, employees might be able to take 10 days of job-protected Declared Emergency Leave.

Disaster Recovery Assistance for Ontarians (DRAO)

DRAO can help individuals who experience property damage due to a natural disaster.

The program, which is administered by the minister of municipal affairs and housing, offers financial aid to:

• Homeowners (primary residence only) and residential tenants
• Small business owners
• Small, owner-operated farms
• Not-for-profit organizations

There is also increased assistance available for low-income families.

ADDITIONAL RESOURCES
• Applying for DRAO: What you need to know
• Red Cross Emergency and Disaster Services for Ontario

Lost your job? Speak with an employment lawyer

If you are fired or let go during a natural disaster, or for any reason, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Ontario, Alberta, and B.C. have helped tens of thousands of non-unionized individuals resolve their workplace issues.

We can review your situation, enforce your rights, and ensure that you receive the compensation you are owed.