Reprisals at work in Ontario: Employee rights

What is a reprisal?

In Ontario, a reprisal occurs when an employer punishes, or threatens to punish, a non-unionized employee for asserting their workplace rights.

Examples of reprisals include:

• Firing or threatening to fire a staff member
• Suspending or threatening to suspend an employee
• Significantly reducing a staff member’s hours of work or wages
• Making substantial changes to an employee’s job description
• Purposely passing up a staff member for a promotion or raise
• Creating a hostile or “toxic” work environment (i.e. verbally abusing an employee)

If you believe that you have experienced a reprisal at work, contact an Ontario employment lawyer at Samfiru Tumarkin LLP.

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

LEARN MORE
• Can my employer make changes to my job in Ontario?
• Wrongful dismissal in Ontario: Your rights
• Should I negotiate my own severance package in Ontario?

WATCH: Employment lawyer Lior Samfiru explains what non-unionized employees need to know about reprisals on an episode of the Employment Law Show.

Are reprisals illegal in Ontario?

The short answer is yes. Reprisals at work are illegal in Ontario under the Employment Standards Act, Ontario Human Rights Code, and Occupational Health and Safety Act.

• Employment Standards Act: The ESA protects non-unionized employees from being penalized for exercising rights like overtime, vacation days and pay, statutory holiday pay, long-term illness or injury leave, and other leave entitlements.
• Ontario Human Rights Code: The OHRC safeguards against discipline for asserting human rights or filing complaints, covering grounds like age, race, gender, religion, family status and disability.
• Occupational Health and Safety Act: The OHSA prohibits punishment for asserting health and safety rights, including the right to refuse dangerous work.

If your boss penalizes you, or threatens to penalize you, for asserting your rights, reach out to our firm immediately. You may be owed substantial compensation, including damages through a human rights claim.

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I’m a victim of a reprisal at work, am I entitled to compensation?

Yes, you are owed compensation if you are punished by your employer for asserting your employment rights. Not only are you likely owed a full severance package, but additional compensation as well.

What if changes are made to my job?

If major changes are made to your job as part of the reprisal, there is a very good chance that you could treat it as a constructive dismissal.

Non-unionized workers in Ontario can refuse significant adjustments to the terms of their employment, such as a demotion, shorter shifts, or reduced pay. In this situation, the law allows you to resign and pursue full severance pay.

However, you should quit your job until an experienced employment lawyer at Samfiru Tumarkin LLP confirms that you have been constructively dismissed.

LEARN MORE
• Employment Law Show: What your employer legally can’t do
• Employment Law Show: Things to never do before seeking legal counsel

How is severance pay calculated?

In Ontario, severance for non-unionized employees can be as much as 24 months’ pay.

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

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’s offer falls short of what is appropriate, you have been wrongfully dismissed and should take legal action.

We can help you file a claim to ensure that you receive proper compensation.

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

My boss is pressuring me to resign following a reprisal, what should I do?

No matter how upset your employer is that you asserted your workplace rights, the company can’t pressure or force you to quit.

If your boss is encouraging you to step down, document their attempts. Keep any letters, emails, or text messages that show how the company is pressuring you to quit.

Unfortunately, pressure from management can be so intense in some cases that non-unionized employees don’t feel they have any other option than to resign.

If you are forced to quit your job for any reason, speak with an experienced Ontario 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.

LEARN MORE
• Employment Law Show: Facts about forced resignations
• Employment Law Show: How to handle a bad boss

Victim of a reprisal at work? Speak with an employment lawyer

Non-unionized employees in Canada shouldn’t be afraid to assert their workplace or human rights.

If your employer punished you, or threatened to punish you, for doing so, 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 determine if your boss violated your rights and ensure that you receive the compensation you are legally entitled to.