What to do in the first week after you're fired
Write down what happened, don't sign anything on the spot, and find out what you're owed before you answer any offer. Most of the rest can wait a few days. Getting fired is a shock, and the first week is when people tend to agree to things they later wish they hadn't.
What should you do in the room?
If you can, very little. Listen, take whatever paper you're handed, and try not to argue or explain yourself. You're not going to change the decision in that meeting, and anything you say can be remembered differently later.
If you're asked to sign something, you can say, "I'd like some time to review this." That's a normal thing to say, and it's fair. If you're asked to resign instead of being fired, the same answer applies. Get advice first, because how your employment ends can affect what you're owed.
What should you do today?
Write down what happened while it's fresh. Put down the date, who was in the room, what was said, and any reason you were given. Memory fades quickly, and a note written the same day carries a lot more weight than one reconstructed months later. If no reason was given, you can ask for one in writing.
What should you protect in the first few days?
Your income, first. Apply for Employment Insurance right away, since waiting can cost you benefits. Severance pay can delay when payments begin, so ask Service Canada how your payout will be treated rather than assuming.
Then find out what you're owed. That includes final pay, vacation pay, and any notice or termination pay. Under the Employment Standards Act, wages are generally due by the later of seven days after your employment ends or your next regular payday. Ask when your health and dental coverage ends too, and whether you can convert it to a personal plan.
What should you keep, and what should you leave alone?
Keep what you're entitled to have: your employment contract, offer letter, pay stubs, performance reviews, and emails about your work that are already in your possession. Don't delete anything. And don't take confidential company files or log in to company systems after you've been let go, even if you're angry. That can turn a strong position into a weak one.
Be careful about what you say publicly, too. A post about your employer, or a message to a coworker, can be used against you later. Keep it factual and keep it private.
What about looking for work?
In most cases you're expected to make reasonable efforts to find a new job, and that can affect a [LINK to Wrongful dismissal page: wrongful dismissal claim]. It can feel wrong to apply for jobs while you're still absorbing what happened. Do it anyway, and keep a simple record of where you applied. It protects you, and it gives you some forward motion when you need it.
What if your employer says it was for cause?
Just cause is a high bar in Ontario. Employers sometimes use the word to avoid paying notice or severance, and then can't prove it. If you've been told you were fired for cause, that's a good reason to get advice before you accept it.
If there's no cause, your employer generally owes you notice or pay instead of notice. And a reason that breaks human rights law, like discrimination, is never allowed.
When does the clock run out?
Later than most people think, which is why there's no reason to rush a decision. A wrongful dismissal claim in court generally has a two-year limit from your termination date. A human rights claim at the Tribunal generally has a one-year limit. Your own dates may differ, so check them early.
Don't rush to sign anything. If you've been terminated, the first 48 hours are important. Request your termination letter in writing, keep copies of your employment contract, pay stubs, and relevant communications, and document what happened during your termination meeting
If you've just been fired, tell us what happened. We'll listen, explain your options, and help you figure out what comes next.
This post is general information for Ontario employees. It isn't legal advice about your situation.
