What if a client is fired or laid off?

General Rule: Employers must give an employee sufficient notice or pay to fire or lay them off. What is considered sufficient notice or sufficient payment depends on the specific individual and their specific employment situation. 

Exceptions: An employer can fire someone or lay them off without notice and without pay in some cases. These include:

• If the layoff is temporary (e.g., not enough work during a slow period at the business)
• If the employer has cause
• If an employee willfully disobeys, misbehaves or neglects their duty in a significant way

Some examples of what this might look like include:

• Stealing from an employer
• Coming to work intoxicated or under the influence of drugs (if these are not related to a disability)
• Threatening or assaulting someone at work
• Excessive and unjustifiable absences
• Refusing to do work without a good reason

Not all reasons an employer gives for dismissing an employee will be considered a good reason or sufficient cause to fire or lay them off and employers might wrongfully dismiss someone. 

How You Can Help:

• Step 1: If your client tells you they were fired from their job, you should refer them for legal advice immediately. There are different remedies that might be available to them, but timing is critical. It is important that they get legal advice as soon as possible. Help them set up a free 30-minute call through the Law Society Referral Service or through the Pro Bono Ontario hotline, contact the Workers’ Health and Safety Clinic, or check if their local legal clinic provides services related to employment issues and refer them there.
• Step 2: Encourage your client to keep records/documents related to their employment. Things like pay stubs, their employment contract, tax documents, their Record of Employment or any other relevant documents, memos or emails. These types of documents are important if your client is looking to dispute a dismissal and they should keep them in a safe place. You should also help your client make notes of anything they do to find a new job (e.g., looking at postings, getting help from employment agencies, etc.). 
• Step 3: If your client is unable to get ongoing legal advice, refer them to additional information about their options if they want to dispute the dismissal. 
  • If they are concerned about the notice period or severance pay, help them go through the Ministry of Labour’s Termination Tool.
  • If your client believes their dismissal involves a human rights violation (e.g., disability, mental illness, substance use, etc.), you can help them call the free Human Rights Legal Support Centre hotline if they want more information about this specifically.
• Step 4: Help your client source other forms of income while they look for another job or wait to hear about a claim.
  • Help them review and complete the online application for Employment Insurance (EI) as soon as possible, even if they aren’t sure if they qualify. You can do this by helping them organize their documents (e.g., SIN number, identification, employment information, etc.) and writing down what they say.
    • These applications can take a long time to process and if your client needs money while they wait to hear back, help them apply for Ontario Works. Warn your client that if they get money from Ontario Works while waiting for a decision about EI, they might need to pay back some of those benefits if they are approved for EI.
  • If they aren’t eligible for EI, your client might still be able to receive money from Ontario Works. You can help them apply online.
    • If your client is denied Ontario Works, refer them to a legal clinic for help as soon as possible.
• Step 5: If your client lives in rental housing, ask them if they will have enough money to pay their rent. If they won’t, they might be at risk of eviction. If they aren’t eligible for EI or Ontario Works, help them check 211 or Helpseeker to find local rent assistance or rent bank programs as soon as possible. 
• Step 6: Ask your client if they will be unable to pay support payments. If so, refer them to additional information on how to change their spousal support or child support payments.
• Step 7: If your client believes they will be unable to pay important bills, like their rent or support payments, you should also recommend that they get legal advice to better avoid creating additional civil legal issues. Help them set up a free 30-minute call through the Law Society Referral Service or through the Pro Bono Ontario hotline, or check if their local legal clinic provides services related to employment issues and refer them there.