Can my employer force me to retire in Ontario?

No. Employers in Ontario can’t pressure or force a non-unionized worker to retire from their job. Doing so would be a direct violation of the province’s human rights legislation.

Ontario’s Human Rights Code guarantees every person the right to equal treatment in their employment — with specific protection against age-based discrimination.

WATCH: Employment lawyer Lior Samfiru breaks down everything that you need to know about forced retirements on an episode of the Employment Law Show.

If you’re being pressured to retire, it’s crucial that you:

• Clearly express to your boss in writing that you aren’t interested in retiring.
• Document every time that your employer brings up your potential retirement.

Once you have all of the relevant documents (i.e. letters, emails, text messages, etc.), don’t retire before contacting an experienced employment lawyer at Samfiru Tumarkin LLP.

We can determine if you have grounds for a constructive dismissal claim and help you pursue full severance pay.

SEE ALSO
• How to calculate severance pay
• Job loss fears surge among older Canadians, survey finds
• Small business owners plan to exit within next decade: Report

What is the retirement age in Ontario?

There is no set mandatory retirement age in Ontario.

Contrary to popular belief, companies can’t legally compel employees to retire once they turn 65, or any other specific age.

Can my boss punish me for refusing to retire?

In Ontario, it’s illegal for employers to punish, or threaten to punish, non-unionized workers for refusing to retire.

If you face any retaliation (i.e. major changes to your job) after shutting down a potential retirement, reach out to our firm immediately.

We can determine if you were the victim of a workplace reprisal and advise you of potential next steps.

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

I’m being pressured to resign after refusing to retire, what should I do?

No matter how upset your employer is that you refused to retire, the company can’t pressure or force you to quit your job.

Just like if you’re being pressured to retire, you should:

• Clearly express to your boss in writing that you aren’t interested in resigning.
• Document every time that your employer brings up your potential resignation.

Don’t do anything drastic (i.e. quit your job), before speaking with a member of our team.

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

Already resigned?

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

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

Can I be fired in Ontario for refusing to retire?

Technically, employers in Ontario can fire non-unionized workers for any reason. However, two conditions have to be met.

The individual must receive full severance pay and the reasons for their dismissal can’t be discriminatory. This is known as a termination without cause.

SEE ALSO
• 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: Facts about the termination process

In most cases, firing a non-unionized employee for refusing to retire would be viewed as age-based discrimination — making the termination illegal.

Workplace issue? Contact us

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.