What can I do if I’m fired or laid off?

If you have been fired, it’s a good idea to get legal advice. A lawyer who knows employment law can help by giving you advice about:

• how much notice or pay your employer should give you
• whether to make a claim with the Ministry of Labour or Human Rights Tribunal, or go to court
• how much notice or pay a court might order
• what other rights you may have

With a lawyer’s help, you might be able to agree on the amount of notice with your employer. An employer might want to do this to avoid the cost of going to court.

Making a claim

You may be able to make a claim against your employer because they broke the law.

Make an ESA claim with the Ministry of Labour

Based on the rules in the ESA, the Ministry of Labour can order your employer to pay you money that they owe you. This includes the minimum termination pay in the ESA and severance pay.

In some cases, the Ministry can order your employer to:

• give you your job back, and
• pay you back for any loss you had because of what your employer did.

For example, this could happen if your employer broke the law by punishing you for something you had the right to do.

You must make a claim to the Ministry of Labour within 2 years of when your employer owed you the money.

Go to court

In some cases, you may be able to make a claim against your employer by suing them in court. For example, you think your employer should have given you more than the minimum amount of notice in the ESA.

You have 2 years from the date something happened to sue your employer in court.

You might be suing for money your employer owes from ending your employment. You usually have to do this within 2 years of when your employer told you that your job was ending. If you’re not sure, get legal advice as soon as you can.

You cannot make claims to the Ministry of Labour and the court for the same reason.

Make a human rights claim

If your employer did not respect your human rights, you may be able to bring a claim to the Human Rights Tribunal of Ontario.

In most cases, you must do this within one year of when the problem happened. And you cannot make a claim for the same reason with a court or the Ministry of Labour.

The Human Rights Legal Support Centre has information to help you apply to the Human Rights Tribunal.

Visit hrlsc.on.ca. Or call 1-866-625-5179. For TTY, call 711.

Take notes and keep documents

If you make a claim against your employer, it’s very helpful to have records of the hours and dates that you worked.

Make notes about anything that could help your claim. Include the names of people who saw events that relate to your claim.

Keep your pay stubs and documents from your employer, such as your employment contract. And keep copies of any other documents that relate to your job.

If your employer is bankrupt

You may be able to get back money that your employer owes you, if your employer:

• has gone bankrupt,
• is insolvent, or
• is in receivership.

Wage Earner Protection Program

You can apply to the Wage Earner Protection Program (WEPP) to get:

• wages your employer did not pay,
• vacation pay,
• severance pay, and
• termination pay.

How much you can get

The most you can get from WEPP is 7 times what the Employment Insurance Act says are your maximum weekly “insurable earnings”. This amount usually changes every year on January 1.

For 2026, the most you can get is $9,275 before deductions like income tax.

You can get wages and vacation pay that you earned in the 6 months before your employer’s bankruptcy.

You can get severance and termination pay that your employer owes you if you lost your job:

• in the 6 months before your employer’s bankruptcy, or
• after your employer’s bankruptcy.

If you continue to work for your employer after the bankruptcy, you can also get WEPP once your job ends.

How to apply

To apply online, go to canada.ca and type “apply WEPP” in the search box. You must have a valid Social Insurance Number (SIN) to apply online.

If you do not have a SIN, you can get a paper application form from a Service Canada Centre. Or you can call the number below.

For more information about WEPP and to get a paper application form, call the WEPP information line at 1-866-683-6516. For TTY, call 1-800-926-9105.

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