Can I get my job back if I am fired?
In most cases, you cannot get your job back if you are fired. But, if you think you were fired because you tried to exercise your legal rights, you should get legal help.
If the Ministry of Labour decides that you were fired for exercising your rights under the ESA, they can order your employer to compensate you and give you back your job.
Examples of exercising your legal rights under the ESA are:
- taking the pregnancy or parental leave you are entitled to, and returning to your job at the end of your leave
- asking about your rights or asking your employer to obey the law
- refusing to sign an agreement affecting your rights, for example, an agreement about how you will be compensated for overtime
- making a claim against your employer
- giving information to an Employment Standards Officer who is investigating your employer
You should also get legal help if you think you were fired:
- because of your race, sex, age, disability, or other reason that violates your human rights
- because you raised a health or safety issue in the workplace
- because you raised a concern about your employer not obeying environmental protection laws
You may have other legal rights besides those in the ESA.
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