Losing a job is always difficult, but for individuals with disabilities in Ontario, wrongful termination can feel particularly unjust. Wrongful termination occurs when an employer fires an employee in violation of their legal rights. While employees generally have at-will employment, meaning they can be fired for almost any reason, there are several important protections in place—especially for those with disabilities. In Ontario, workers with disabilities are protected under the Ontario Human Rights Code (OHRC), which mandates that employers must not discriminate against employees because of their disability.

If you suspect that you’ve been wrongfully terminated due to your disability or a failure by your employer to accommodate your needs, it’s crucial to recognize the signs. This blog will outline what wrongful termination looks like in Ontario and how disability-related issues might play a role in your case.

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What is Wrongful Termination?

Wrongful termination occurs when an employee is dismissed from their job in violation of employment law, such as:

• Discrimination, including firing an employee due to a disability.
• Failure to accommodate a disability, leading to termination as a result of not providing necessary adjustments.
• Retaliation for asserting your rights, such as filing a complaint about discrimination or asking for accommodations.

In Ontario, wrongful termination can also involve violating an employment contract or breaching the Ontario Human Rights Code, which prohibits discrimination on the basis of disability. If you’ve been fired due to your disability or a failure to accommodate, you may be entitled to compensation or reinstatement.

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Key Signs You May Be a Victim of Wrongful Termination in Ontario

Here are several warning signs that may suggest you’ve been wrongfully terminated, particularly if you are an employee with a disability:

1. Termination Following a Request for Accommodation

Under the Ontario Human Rights Code, employees with disabilities have the right to request reasonable accommodations to help them perform their job. This can include physical accommodations (e.g., accessible workstations), adjustments to schedules, or alternative tasks if your disability makes certain duties unmanageable.

If you were fired shortly after asking for an accommodation—whether for physical adjustments, flexible hours, or other changes to your work environment—it may be a sign of wrongful termination. Employers must accommodate your disability to the point of undue hardship, and dismissing you because of your request is unlawful.

2. Dismissal After Disclosing a Disability

If you disclosed a disability to your employer and were then terminated shortly after, you may be the victim of disability discrimination. Employers are prohibited from firing employees because of a disability, and any action taken after disclosure could be an attempt to avoid providing necessary accommodations. If you have reason to believe that your termination was directly linked to your disability disclosure, it could be considered wrongful termination under the Ontario Human Rights Code.

3. Failure to Provide Accommodations Leading to Termination

If you have a disability and your employer failed to provide reasonable accommodations, leading to you being unable to perform your job effectively and eventually being fired, you may have a case for wrongful termination. Employers in Ontario are legally required to accommodate employees with disabilities unless it would cause undue hardship.

In this case, if your employer didn’t make any efforts to discuss or implement accommodations, and you were subsequently let go, it may be a form of wrongful dismissal due to the employer’s failure to fulfill their legal obligations.

4. Unwarranted Disciplinary Actions Following Disability-Related Issues

Sometimes, employees with disabilities are disciplined or penalized for situations directly related to their disability, such as time off for medical appointments or needing specific breaks. If your employer penalized you for situations arising from your disability or failed to recognize the need for flexibility, it could be a form of disability discrimination.

If these unwarranted disciplinary actions led to your termination, and you can demonstrate a connection to your disability, this could constitute wrongful termination under the Ontario Human Rights Code.

5. Harassment or Hostile Work Environment Before Termination

Employees with disabilities are entitled to work in an environment free from harassment, including harassment based on their disability. If you experienced bullying, exclusion, or inappropriate comments about your disability, and your employer did not take action to address the issue, it may have created a hostile work environment. If this harassment escalated to your termination, you might be dealing with wrongful termination.

6. Discriminatory Firing Without Proper Justification

If your employer cannot provide a legitimate, non-discriminatory reason for your dismissal, and there is evidence that your disability may have played a role in the decision to fire you, you could have grounds for a wrongful termination claim.

For example, if your employer used vague or general reasons like "poor performance" without showing a clear connection to your job duties or without documenting your performance issues, it could be a sign that they were using a pretext to cover up unlawful discrimination or retaliation.

7. Terminated After Taking Medical Leave or Disability Benefits

If you were on medical leave or were receiving disability benefits and were terminated soon afterward, your dismissal could be unlawful. Employees are entitled to take medical leave under Ontario’s Employment Standards Act (ESA) and are also protected from being fired for taking such leave. If your employer terminated you after you took medical leave or applied for disability benefits, this may be an act of retaliation or discrimination.

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How to Protect Yourself if You Suspect Wrongful Termination in Ontario

If you believe you’ve been wrongfully terminated due to your disability or your employer’s failure to accommodate your needs, here are some steps you can take:

1. Document Everything: Keep detailed records of any communications related to your termination, including emails, performance reviews, and requests for accommodations. Document any incidents of harassment or discrimination, as this will be crucial in proving your case.
2. Request a Written Explanation for Your Termination: In Ontario, you have the right to ask your employer for a written explanation of why you were terminated. This can help you understand if the reason for your dismissal is legitimate or if it involves discrimination or retaliation.
3. Understand Your Legal Rights: Familiarize yourself with the Ontario Human Rights Code and the Employment Standards Act. These laws provide strong protections against discrimination and wrongful termination based on disability. Knowing your rights can help you recognize when an employer’s actions are unlawful.
4. Consult with a Lawyer or Human Rights Advocate: If you suspect wrongful termination, it’s important to consult with an employment lawyer or a disability rights advocate who can help you understand your legal options and guide you through the process of filing a claim.
5. File a Complaint with the Ontario Human Rights Commission (OHRC): If you believe you have been terminated due to discrimination or your employer’s failure to accommodate your disability, you have the right to file a complaint with the Ontario Human Rights Commission (OHRC). The OHRC investigates and resolves complaints of discrimination, including disability-related issues.

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Conclusion

Wrongful termination is never acceptable, and it’s especially unjust when it’s based on a disability or failure to provide accommodations. In Ontario, employees with disabilities have strong legal protections under the Ontario Human Rights Code and the Employment Standards Act, ensuring that they can work in an environment free from discrimination and retaliation.

If you believe you have been wrongfully terminated due to your disability, it’s important to act quickly to protect your rights. By documenting your situation, understanding your legal protections, and seeking professional advice, you can take the necessary steps to hold your employer accountable and seek justice.

Remember, you have the right to a workplace that is inclusive, accessible, and supportive of your disability. No one should lose their job due to discrimination or the employer’s failure to accommodate their needs.

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