It is the call no one expects but almost everyone dreads. HR rings and in a matter of moments, your employment is over. What happens next? What should you do when HR calls and says you are fired, and how do you protect your rights under Ontario law? Let us walk through this stressful scenario and turn confusion into clarity.
First, take a breath. Many people experience shock or anger when they hear the words, “your employment is ending.” While those feelings are real, it is crucial to keep your composure during that call. Your employer must provide termination notice or pay in lieu of notice, unless there is just cause for dismissal, which is rare in Ontario. Most employees are let go without cause, which means they are owed proper notice or severance pay.
So, what should you expect? HR will usually explain that your employment is terminated effective immediately or as of a certain date. Always ask if the termination is “with cause” or “without cause.” This distinction is vital because it determines your entitlement to notice pay, benefits, and sometimes even your reputation in the job market. If it is “with cause,” ask what allegations led to this decision.
Will I Receive Notice Pay, Severance, and Benefits?
The next question in your mind should be about paperwork. Do not leave the conversation without confirming what you will receive in writing. In Ontario, employers must provide a termination letter that sets out details like the date of termination, whether you will be paid out any notice or severance, and what benefits, if any, will continue. Ask when you can expect this documentation and pay special attention to any deadlines, such as when you must return company property.
Consider asking these key questions:
- Will I receive pay in lieu of notice, or am I expected to work through a notice period?
- How are remaining vacation days, overtime, or unpaid expenses being handled?
- What happens to extended health benefits, bonuses, or other incentives?
- When will my final pay cheque, Record of Employment (ROE), and severance be issued?
- Who should I contact with questions after today?
Take notes during the meeting, or write down everything you remember right after the call. Emotions can run high, and details are easy to forget. Do not feel pressured to sign anything on the spot. Employers may ask you to sign a release in exchange for severance. You never have to sign immediately. It is your right to review documents, seek advice, and understand if the offer fully reflects what you are owed. In Ontario, many people receive less than their legal entitlement to notice or severance and lawyers routinely find grounds for higher compensation.
How Should I Handle Company Property, Vacation, and Outstanding Expenses?
After the call, consult an employment lawyer to review the circumstances of your dismissal, especially if you suspect the dismissal is unfair or discriminatory. An expert can help you understand whether you have a wrongful dismissal case, if you were let go without sufficient notice or pay, or if your human rights were violated.
Losing your job is never easy. What should you do when HR calls you and says you are fired?
Stay calm, act thoughtfully and be informed. These steps can make all the difference in securing your rights and moving forward with confidence. In Ontario, the law is on your side: know your entitlements and do not settle for less.
To better understand your employment rights, we encourage employees and employers to seek legal advice. We at Whitten & Lublin are happy to provide insight and advice into your specific circumstances. If you are looking for employment lawyers and would like more information about what Whitten & Lublin can do for you, please contact us online or by phone at (416) 640-2667 today.
Author – Rachel Patten
