BY SIMRAN BAKSHI, ASSOCIATE LAWYER
1. Leave your job with grace and composure
Of course, if your former goes too far in acting inappropriately during your termination, you may (in some extreme cases) have additional remedies and even be entitled to added compensation.
2. Don't sign anything!
And besides, you don't work for them any more. They don't get to give you arbitrary deadlines any more.
3. Get legal advice and carefully weigh your legal options
While you certainly do not want to rush into taking any legal action, it is important that you consult with a lawyer in a timely manner as there are limitation periods, in other words deadlines, applicable to when you may be able to bring a claim, that vary depending on the nature of your claims.
4. Don't ever file an Ontario Employment Standards complaint before you have consulted with your lawyers
This part is simple.
Under section 97(2) of Ontario's Employment Standards Act, an employee who files a Employment Standards complaint alleging an entitlement to termination pay or severance pay may not commence a civil proceeding for wrongful dismissal that relates to the same termination or severance of employment.
In other words, if you go the Employment Standards route, you give up your ability to claim damages in court for wrongful dismissal. That could cause a significant loss of your entitlement to compensation, particularly if you were a longer-term employee.
So get qualified legal advice first.
The very purpose of a severance package that may be offered to you is to support and assist you through the transition period, as you look for a new job.
6. Keep detailed records of your job search
Keep copies or screenshots of all job applications and cover letters you send, rejection letters you receive and all job offers advanced to you, even if you don't accept them.
7. Take advantage of resources available
This is commonly referred to as the EI clawback.
- The Second Career program provides financial support to allow you to obtain further education to pursue a new career in demand. For more information, visit: https://www.ontario.ca/page/second-career
- Through the Adjustment Advisory Program, you can meet with a support group and with an adviser to discuss how best to land on your feet following a company layoff or plant closure. For more information, visit: https://www.ontario.ca/page/adjusting-after-job-loss