Fired Before Christmas? Your Severance Rights in Canada

Fired or laid off before Christmas? Your employer can terminate your employment during the holidays, but you may be entitled to significant severance pay. In some cases, the timing and manner of your dismissal could also lead to additional compensation.

For non-unionized employees in Ontario, Alberta and BC, full severance can reach up to 24 months’ pay, depending on the circumstances.

On This Page

• Can You Be Fired Before Christmas?
• Can You Get More Severance?
• Bad-Faith Terminations
• What Should You Do?
• Frequently Asked Questions

Can Your Employer Fire You Before Christmas?

Yes. There is no law in Canada that prevents an employer from firing an employee during Christmas or the holiday season.

However, employers must still meet their legal obligations, including providing proper notice or severance pay where required.

Being fired in December doesn’t automatically make your dismissal wrongful. However, if your employer offers less severance than you’re legally owed, you may have a wrongful dismissal claim.

Can You Get More Severance if You’re Fired During the Holidays?

Yes, in some cases. Being fired shortly before Christmas can affect your severance entitlement, particularly when finding comparable work is more difficult.

In Black v. Robinson Group Ltd., an Ontario court awarded an employee two additional months of notice beyond an initial 12-month period. The employer’s decision to terminate her shortly before the holidays was an important consideration.

However, there is no automatic Christmas bonus or extra month of severance for employees dismissed in December.

Your full severance depends on factors including your age, length of service, position, employment agreement and ability to find comparable work. It can be as much as 24 months’ pay.

Learn more about severance pay in Ontario, Alberta and British Columbia.

Can a Bad-Faith Christmas Termination Lead to Additional Compensation?

Yes. Employees may receive additional damages if their employer acts unfairly or in bad faith during the termination process. The timing of the dismissal can be one factor, but it isn’t enough on its own.

Horner v. 897469 Ontario Inc.

An employee complained about workplace harassment shortly before Christmas. Instead of investigating, her employer fired her during the holidays and left a termination letter at her home.

The Ontario court awarded $20,000 in aggravated damages and $10,000 in punitive damages because of the employer’s conduct.

Zesta Engineering Ltd. v. Cloutier

An employee was dismissed just five days before Christmas. The Ontario court awarded $75,000 in moral damages after considering the employer’s broader pattern of bad-faith conduct, including the timing and manner of the termination.

The key point: Firing an employee during the holidays isn’t automatically bad faith. However, employers who act dishonestly, insensitively or unfairly during a dismissal may face additional consequences.

What Should You Do if You’re Fired Before Christmas?

1. Don’t sign immediately. You may be owed significantly more than your employer’s first severance offer.
2. Keep your termination documents. Save your severance package, employment agreement and relevant communications.
3. Don’t assume the signing deadline ends your rights. An employer’s acceptance deadline is different from the legal deadline to pursue severance.
4. Check your full severance entitlement. Use the Severance Pay Calculator for an initial estimate.
5. Speak with an employment lawyer. Find out whether you’re owed additional severance or compensation for bad-faith conduct.

Fired Before Christmas: Frequently Asked Questions

Is it illegal to fire someone before Christmas?

No. Employers can terminate employees during the holidays, but they must meet their legal obligations. The timing or manner of a dismissal may affect compensation in some cases.

Do you get extra severance if you’re fired in December?

Not automatically. However, the difficulty of finding comparable work during the holidays may be relevant when determining a reasonable notice period.

Can you be laid off right before Christmas?

Yes. However, employees who lose their jobs because of a layoff may still be entitled to severance pay, depending on their circumstances.

Can you sue your employer for firing you during the holidays?

You may have a wrongful dismissal claim if your employer fails to provide proper severance. Additional damages may be available if the employer acted in bad faith during the termination.

Fired Before Christmas? Find Out What You’re Owed.

Losing your job during the holidays is difficult enough. Don’t accept a severance package without knowing whether it reflects your full legal entitlement.

The employment lawyers at Samfiru Tumarkin LLP help non-unionized employees in Ontario, Alberta and British Columbia review severance offers, challenge wrongful dismissals and recover compensation.

Before you sign, always check first.

➡️ Get a Consultation or call 1-855-821-5900.