Can employers in Ontario force workers to retire?

No, employers in Ontario can’t pressure or force a non-unionized worker to retire from their job, at any age. Doing so would be illegal, as it is a direct violation of the Ontario Human Rights Code (OHRC).

The Code guarantees every person the right to equal treatment in their employment, with specific protection against aged-based discrimination. In most cases, pressuring or compelling an employee to retire would be considered age-related discrimination.

What is the retirement age in Ontario?

In Ontario, there is no set mandatory retirement age. Contrary to common belief, employers can’t legally compel employees to retire upon reaching age 65 or any other specific age.

What should I do if my employer pressures me to retire?

If your employer is pressuring you to retire against your will, take these steps to protect your rights:

• Inform Your Employer: In writing, express your intention to continue working indefinitely and that you do not intend to retire.
• Take Notes: Keep a detailed record of every time your employer brings up the topic of your potential retirement.
• Get Legal Advice: If the pressure persists, it could result in a constructive dismissal of your employment, in which case you would be entitled to a full Ontario severance package. If you find yourself in this situation, do not take any further action until you’ve consulted with an experienced employment lawyer at Samfiru Tumarkin LLP.

WATCH: Employment lawyer Lior Samfiru explains what employees need to know about forced retirement due to age on an episode of the Employment Law Show.

Can my employer punish me for refusing to retire?

No, your employer can’t punish you or force you to resign for refusing to retire. Such actions are recognized as reprisals under employment law.

In Ontario, it’s illegal for employers to penalize employees for not retiring. This includes any negative changes to someone’s job, like pay cuts or altered work hours, after an employee refuses to quit. Such actions can be deemed discrimination and may lead to constructive dismissal claims.

If you believe you are being punished for your refusal to retire, contact Samfiru Tumarkin LLP to speak with an employment lawyer about your rights and appropriate next steps.

Can my employer fire me for refusing to retire?

No, your employer can’t fire you if you refuse to retire, as doing so would likely constitute age-based discrimination in Ontario. If your employer nevertheless chooses to terminate your employment in response to your refusal, they would need to pay you a full severance package — and potentially additional compensation for breaching your rights.

How is severance pay for non-unionized employees calculated in Ontario?

A number of factors are considered to determine how much severance pay a non-unionized employee in Ontario is entitled to when they lose their job. The most commonly considered factors include:

• Length of employment
• Age
• Position
• Availability of similar employment.

Older employees are generally entitled to greater severance packages than their younger counterparts because it is often more difficult for them to find similar employment for the same level of income. Severance can be as much as 24 months’ pay.

The Pocket Employment Lawyer can help you better understand how much severance pay you might be owed in the event that your employment is terminated. Millions of Canadians have used the interactive tool to discover their rights when facing workplace issues.

Being forced to retire because of your age?

Don’t let your rights be compromised. Our lawyers in Ontario, Alberta, and B.C. have years of experience providing legal guidance, and have helped tens of thousands of non-unionized individuals resolve their workplace issues.

If you need help with an employment issue, contact Samfiru Tumarkin LLP online or call 1-855-821-5900 to get the advice you need, and the compensation you deserve.