If you’ve been fired in Canada, don’t sign your severance package right away. Get your termination letter, apply for Employment Insurance (EI), keep your employment records and find out how much severance you’re owed.
Losing your job can be overwhelming, especially when your employer wants an immediate answer. But the first severance offer isn’t necessarily your full entitlement.
For non-unionized employees in Ontario, Alberta and BC, severance can reach up to 24 months’ pay. Before accepting a package, make sure you understand your rights.
⚠️ Just Got Fired? Don’t sign a severance release or accept a package simply because your employer gives you a deadline. An employer’s deadline isn’t the same as your legal deadline to pursue compensation.
On This Page:
- 7 Steps After Getting Fired
- How Much Severance Are You Owed?
- EI After Getting Fired
- What if You’re Fired for Cause?
- Your Rights by Province
- Frequently Asked Questions
7 Things to Do After Getting Fired in Canada
1. Don’t Sign Your Severance Package Yet
You don’t have to accept your employer’s first severance offer. Once you sign a valid release, you can lose the right to ask for more compensation.
If your employer gives you three days or a week to sign, that doesn’t mean your legal rights disappear when the deadline passes. However, the specific offer can expire.
Have the package reviewed before making a decision. Learn more about our Severance Package Review.
2. Get Your Termination Letter
Ask your employer for written confirmation of your termination, including:
- Your last day of employment
- Whether you’re being fired with or without cause
- Your severance offer and payment arrangements
- When your benefits will end
- Any deadline to respond
You can have termination rights even if your employer refuses to provide a detailed letter.
3. Keep Your Employment Records
Keep copies of documents you’re entitled to retain, including your employment contract, pay statements, bonus information and termination offer.
Save relevant communications about your dismissal. Don’t take confidential company documents or information you’re not authorized to keep.
4. Apply for Employment Insurance
Apply for EI as soon as you stop working, even if you haven’t received your Record of Employment (ROE).
You could lose benefits if you wait more than four weeks after your last day of work to apply.
You can apply through Service Canada.
5. Check Your Full Severance Entitlement
Your employer’s offer may only include the minimum required under employment standards legislation.
Depending on your circumstances, you could be owed substantially more, including compensation for lost salary, bonuses, commissions and benefits.
Use our free Severance Pay Calculator to estimate what you could receive.
6. Keep Looking for Work
Start looking for comparable employment and keep records of applications, interviews and job opportunities.
Employees pursuing common-law severance are usually expected to make reasonable efforts to find another job. These efforts can affect a claim for compensation. This is called your duty to mitigate.
7. Speak to an Employment Lawyer
An employment lawyer can review your termination letter, employment contract and severance offer to determine what you’re entitled to.
You don’t need to accept your employer’s offer or start a lawsuit before getting legal advice.
How Much Severance Are You Owed After Getting Fired?
Many non-unionized employees in Canada are entitled to more than the minimum severance offered by their employer.
Your full amount can depend on:
- Your age
- Your length of service
- Your position and responsibilities
- The availability of similar jobs
- Your employment contract
- Your salary, bonuses, commissions and benefits
For eligible employees in Ontario, Alberta and British Columbia, full severance can reach up to 24 months’ pay.
There’s no automatic rule that says you only get one or two weeks per year of service.
Read our Severance Pay Canada guide to understand how compensation is calculated.
Can You Get EI After Being Fired?
Yes. If you’ve been fired without cause and meet EI eligibility requirements, you can qualify for Employment Insurance.
Being dismissed doesn’t automatically disqualify you. EI provides temporary income support to eligible people who lose their jobs through no fault of their own.
Severance payments can affect the timing of EI benefits depending on the applicable rules, but they don’t automatically prevent you from applying.
Learn more with our guide on EI and severance pay.
What if Your Record of Employment Is Wrong?
If your ROE says you quit or were dismissed for misconduct and you disagree, provide Service Canada with your version of what happened and any supporting records.
Your employer’s description doesn’t automatically determine your EI eligibility or severance rights. See our Record of Employment Canada guide for more details.
What if You Were Fired for Cause?
Being fired for cause doesn’t automatically mean you lose all severance rights.
Employers sometimes claim serious misconduct to justify offering little or no compensation. However, proving legal just cause can be difficult.
Poor performance, a disagreement with your manager or a single workplace mistake doesn’t automatically justify dismissal without severance.
If your employer says you’re getting nothing because you were fired for cause, have the circumstances reviewed before accepting that decision.
Read more about Termination for Cause in Canada.
What Are Your Rights if You’re Fired in Ontario, Alberta or BC?
Employment standards and minimum termination payments vary by province. Your full severance entitlement may also be affected by your employment contract and common law.
- Ontario: Learn about Wrongful Dismissal Ontario, including termination pay, statutory severance and common-law compensation.
- Alberta: See Termination Without Cause Alberta for notice, severance and employee rights.
- British Columbia: See Termination Without Cause BC for provincial rules and compensation.
If you work in a federally regulated industry, different minimum employment standards can apply.
Getting Fired in Canada: Frequently Asked Questions
Do You Have to Sign Anything When You Get Fired?
You don’t have to sign a severance release to receive minimum payments your employer is legally required to provide. Don’t agree to a full and final settlement before understanding your rights.
Can You Be Fired Without Warning in Canada?
Yes. Employers can often terminate non-unionized employees without advance warning if they provide the required notice or compensation and comply with other legal protections.
How Long Do You Have to Accept a Severance Package?
Your employer can set a deadline for its offer, but that isn’t the legal deadline to pursue the compensation you’re owed. Don’t delay getting advice, and don’t sign simply because you’re being pressured.
Can You Negotiate Severance After Being Fired?
Yes. If your offer is below your legal entitlement, you can seek better terms. Have your package reviewed before negotiating or signing a release.
Is It Better to Quit or Get Fired?
Being fired without cause often provides more financial protection than voluntarily resigning. If you’re still employed and considering leaving, read our Is It Better to Quit or Get Fired? guide.
Just Got Fired? Find Out What You’re Owed
You don’t have to accept your employer’s first severance offer. Before signing anything, find out whether you’re entitled to more compensation.
The employment lawyers at Samfiru Tumarkin LLP help non-unionized employees in Ontario, Alberta and British Columbia review termination packages, challenge inadequate severance offers and understand their legal rights.
Before you sign, always check first.