Yes, you can get your job back after being fired in Canada, but only in certain circumstances. Most non-union employees can’t force an employer to rehire them after an ordinary termination. If you were fired without cause, your legal remedy is usually severance pay rather than reinstatement.
However, the law provides additional protections in certain situations. Employees who are unjustly dismissed from a federally regulated workplace, fired for exercising protected workplace rights or terminated because of discrimination may have grounds to seek reinstatement.
The employment lawyers at Samfiru Tumarkin LLP help non-union employees in Ontario, Alberta and British Columbia understand their options after losing their jobs, including whether reinstatement or compensation may be available.
Reviewed by: Lior Samfiru, Employment Lawyer and National Co-Managing Partner
On This Page:
- 1. Can You Get Your Job Back?
- 2. Federally Regulated Employees
- 3. Ontario, Alberta & BC
- 4. Discrimination
- 5. Reinstatement vs. Severance
- 6. What to Do After Being Fired
- 7. Common Questions
Can You Get Your Job Back After Being Fired in Canada?
In most cases, an employer does not have to give you your job back after firing you. Canadian employment law usually allows employers to terminate non-union employees without cause, provided the termination does not violate the law and the employee receives the notice or compensation they are owed.
This means an employee who was treated unfairly, unexpectedly dismissed or fired without warning does not automatically have the right to return to work.
However, job reinstatement after termination may be available when a specific law protects the employee against dismissal.
When Might Reinstatement Be Possible?
Examples include:
- Federal unjust dismissal: Certain non-union employees covered by the Canada Labour Code can challenge their dismissal and seek reinstatement.
- Workplace retaliation: An employee fired for exercising a protected workplace right may qualify for reinstatement under applicable legislation.
- Protected leaves: Employees dismissed for taking certain legally protected leaves may have additional remedies.
- Discrimination: A human rights tribunal may have the authority to order reinstatement where an employee was dismissed for a discriminatory reason.
- Unionized employment: Reinstatement may be pursued through a union grievance and arbitration process.
Whether you can actually return to your position depends on the legislation, the circumstances of your dismissal and the remedy ordered by the appropriate decision-maker.
Job Reinstatement for Federally Regulated Employees
Federally regulated employees have some of Canada’s strongest protections against unjust dismissal. Under the Canada Labour Code, certain employees can challenge their termination and potentially be reinstated.
Federally regulated workplaces include banks, airlines, telecommunications companies and certain interprovincial transportation businesses.
Working for a large or national company does not automatically mean federal employment law applies. The nature of the employer’s business determines which rules govern the employment relationship.
Who Can File an Unjust Dismissal Complaint?
To qualify for the federal unjust dismissal process, an employee must meet requirements that include:
- Working for an employer covered by the relevant federal labour standards
- Having at least 12 consecutive months of employment with the same employer
- Not being covered by a collective agreement
- Not being employed as a manager for the purposes of the legislation
- Having a dismissal that qualifies for the statutory complaint process
Other restrictions apply. For example, a dismissal arising from a genuine lack of work or the discontinuance of a function may fall outside the unjust dismissal protections.
Importantly, an unjust dismissal complaint is not limited to employees who were fired “for cause.” The employee’s eligibility and the actual reason for termination need to be assessed.
Can a Federal Employer Be Ordered to Rehire You?
Yes. If the Canada Industrial Relations Board determines that an eligible employee was unjustly dismissed, it may order remedies that include:
- Reinstatement to employment
- Compensation related to the dismissal
- Other appropriate remedies addressing the consequences of the termination
Reinstatement is a possible outcome, not a guaranteed one. Some disputes are resolved through financial settlements instead.
How Long Do You Have to File?
An eligible federal unjust dismissal complaint normally must be filed within 90 days of dismissal. Limited exceptions or extensions may apply, but employees should not rely on receiving extra time.
For detailed eligibility rules, procedures and remedies, read our guide to unjust dismissal under the Canada Labour Code.
Can Provincially Regulated Employees Get Their Jobs Back?
Yes, in certain situations. Ontario, Alberta and British Columbia have laws protecting employees against dismissal for exercising specific workplace rights.
Unlike the federal unjust dismissal process, provincial reinstatement rights usually arise from a particular statutory violation rather than an employee’s broad objection to an unfair dismissal.
Ontario: Reinstatement After Workplace Retaliation
Ontario’s Employment Standards Act protects employees against reprisals for exercising rights under the legislation.
For example, an employer can’t lawfully fire an employee because they:
- Asked to receive wages or overtime pay required by the Employment Standards Act
- Filed an employment standards complaint
- Exercised a protected leave entitlement
- Provided information during an employment standards investigation
If an employment standards officer finds a relevant violation, the officer may order compensation, reinstatement or both, depending on the circumstances.
Other Ontario legislation, including occupational health and safety laws, also provides protections against certain prohibited reprisals and may allow reinstatement through the applicable process.
Read more about workplace retaliation in Ontario.
Alberta: Protected Leaves and Employment Rights
Alberta’s Employment Standards Code prohibits employers from terminating employees for certain protected reasons.
These protections can include employees who:
- Request or take a qualifying job-protected leave
- Exercise rights under the Employment Standards Code
- Provide evidence in proceedings under employment standards legislation
Employees returning from qualifying job-protected leaves may have a right to return to the same or an equivalent position, subject to the applicable rules.
However, not every unlawful dismissal under Alberta employment standards legislation creates an automatic right to reinstatement. The available remedy depends on the specific protection involved and the legal process.
An Alberta employment lawyer can assess whether the dismissal gives rise to a statutory complaint, a human rights issue, a wrongful dismissal claim or more than one remedy.
British Columbia: Reinstatement for Certain Employment Standards Violations
BC’s Employment Standards Act protects employees against certain forms of retaliation and provides job protections in specified circumstances.
For qualifying violations involving protected leave, prohibited retaliation or other provisions covered by the legislation, the Employment Standards Branch may order remedies including:
- Reinstatement to employment
- Payment of lost wages
- Compensation instead of reinstatement
These remedies are not automatic. The Employment Standards Branch considers the circumstances when deciding what is appropriate.
For example, returning an employee to a workplace may not be the most appropriate solution if the employment relationship has deteriorated significantly.
Can You Get Your Job Back After Being Fired for Discrimination?
Yes, reinstatement may be available when an employee is terminated for a reason prohibited by human rights legislation.
Human rights laws in Ontario, Alberta and British Columbia prohibit discrimination in employment based on protected characteristics.
Depending on the applicable legislation, these characteristics include:
- Disability, including physical and mental health conditions
- Age
- Race, ancestry or place of origin
- Sex, pregnancy or gender identity
- Religion or creed
- Other grounds protected by the applicable human rights law
Examples of Potentially Discriminatory Dismissals
An employee may have grounds for a human rights complaint if they were dismissed because:
- They developed a disability or requested disability-related accommodation
- They became pregnant
- Their employer relied on discriminatory assumptions about their age
- They raised concerns about discrimination and experienced prohibited retaliation
Human rights tribunals and other authorized decision-makers can award remedies for discriminatory conduct. Depending on the jurisdiction and circumstances, these may include reinstatement, lost wages, compensation for injury to dignity and other appropriate orders.
Reinstatement is not guaranteed simply because discrimination occurred. Compensation may be more appropriate in some cases.
The process and filing deadline depend on the jurisdiction. Employees should get advice promptly rather than assume the ordinary wrongful dismissal limitation period applies.
Learn more in our guide to workplace human rights in Ontario.
Job Reinstatement vs. Severance Pay: What’s the Difference?
Reinstatement means returning to employment. Severance pay is compensation for the loss of your job.
The two remedies serve different purposes and are available under different legal rules.
| Job Reinstatement | Severance Pay |
|---|---|
| The employee returns to their job or employment. | The employment relationship ends and the employee receives compensation. |
| Available through certain statutory complaints, tribunal orders or agreements. | Available under applicable employment standards, contracts and common law. |
| Not the usual remedy for ordinary non-union wrongful dismissal. | The usual remedy when a non-union employee is dismissed without adequate notice or compensation. |
What if You Were Fired Without Cause?
If you were fired without cause and the termination did not breach a specific statutory protection, your main legal entitlement is usually severance pay, not reinstatement.
Your employer may owe you substantially more than the minimum required by employment standards legislation.
The amount depends on factors such as your age, length of service, position, employment contract and ability to find comparable work. In some circumstances, common-law notice can reach 24 months’ pay.
See our guide to severance pay in Canada or use the Severance Pay Calculator for an initial estimate.
Can You Receive Compensation Even if You Can’t Get Your Job Back?
Yes. Being ineligible for reinstatement does not necessarily mean your termination was lawful or that your employer owes you nothing.
You may still have a claim for unpaid termination compensation. Some cases may also involve separate claims arising from discrimination, prohibited retaliation or other unlawful conduct.
Don’t assume that because your employer won’t rehire you, you have no legal options.
What Should You Do if You Want Your Job Back After Being Fired?
If reinstatement is your goal, the steps you take after termination matter.
1. Confirm Why You Were Fired
Review your termination letter and any explanation from your employer. Was your position eliminated? Were you accused of misconduct? Did your dismissal follow a workplace complaint, medical leave or request for accommodation?
The reason for dismissal can affect whether reinstatement is a possible remedy.
2. Determine Which Employment Law Applies
Find out whether your employment was federally or provincially regulated. This determines which statutory protections and complaint processes may apply.
3. Preserve Important Documents
Keep copies of documents you’re legally entitled to retain, including:
- Your employment contract
- Termination letter and severance offer
- Relevant workplace complaints and employer responses
- Communications about medical leave or accommodation
- Performance evaluations and disciplinary notices
4. Check the Deadline Immediately
Reinstatement-related complaints can have short filing deadlines. The relevant deadline depends on whether you are pursuing federal unjust dismissal, an employment standards complaint, a human rights application or another remedy.
5. Have Your Termination and Severance Offer Reviewed
An employment lawyer can assess whether reinstatement is realistic, whether compensation may be available instead and how accepting a settlement could affect your rights.
If you’ve received a termination package, learn more about having your severance package reviewed.
Job Reinstatement After Termination: Common Questions
Can I get my job back if I was fired without cause?
Usually not through an ordinary non-union wrongful dismissal claim. Most employees fired without cause are entitled to notice or severance rather than reinstatement. Different rules can apply if your dismissal involved federal unjust dismissal protections, discrimination or prohibited retaliation.
Can I get my job back after being wrongfully terminated?
It depends on why the termination was wrongful. If your employer simply failed to provide enough notice or severance, compensation is usually the remedy. If the dismissal violated a law that authorizes reinstatement, returning to your job may be possible.
Can I get my job back if I was fired for cause?
Being fired for cause does not automatically mean your employer’s allegation is valid. For many non-union employees, successfully challenging a cause allegation results in a claim for severance. Eligible federally regulated employees may have additional unjust dismissal rights, including the possibility of reinstatement.
Can I get my job back if I was fired while on medical leave?
Possibly. Dismissal connected to disability, protected medical leave or an employer’s failure to accommodate may raise human rights or employment standards issues. Depending on the circumstances, reinstatement or compensation may be available.
Can my employer offer me my old job back after firing me?
Yes. An employer may offer to rehire you or reverse a termination, but the legal consequences depend on the circumstances. You shouldn’t assume you must accept the offer or that refusing it has no effect on your severance claim.
For that separate situation, read Can an Employer Revoke a Termination?
Can I refuse reinstatement and ask for compensation instead?
You may be able to seek or negotiate compensation instead of returning to work. However, the available remedies depend on the legal process, and declining a reasonable offer to return may affect certain claims. Get advice before making that decision.
Can unionized employees get their jobs back?
Yes. A union may challenge a dismissal through the grievance and arbitration process, where reinstatement can be an available remedy. Unionized employees should contact their union about the applicable grievance deadlines. Samfiru Tumarkin LLP’s employment law team represents non-union employees.
How long do I have to seek reinstatement after termination?
There is no single national deadline. Eligible federal unjust dismissal complaints normally must be filed within 90 days. Provincial employment standards, human rights and other statutory claims have different deadlines. Seek advice promptly after losing your job.
Fired From Your Job? Know Your Rights Before You Sign.
If you’ve lost your job, don’t assume your employer’s decision is the final word on your rights.
Samfiru Tumarkin LLP helps non-union employees in Ontario, Alberta and British Columbia understand their options after termination. Whether reinstatement may be possible or your employer owes you severance, our employment lawyers can review your circumstances and explain your next steps.
Before you sign, always check first.
Or call 1-855-821-5900.