I just got fired from a good job. Can I sue to get my job back?
Yes, sometimes you can get your job back but it’s difficult, especially for employees in non-unionized jobs. Get legal advice to see if it’s a good option.
If you’re in a union, ask your union to fight for your job. If the union doesn’t you should get legal advice. Reinstatement of unionized workers is fairly common. Some employees also may have the option under federal law to file an unjust dismissal
claim (within 90 days of termination) or a human rights application (within 12 months of discrimination). One of the remedies open to you in these forums is reinstatement.
For non-unionized workers suing in court, your best chance of pursuing your old job is probably if you’re suing both wrongful dismissal and
a breach of human rights
legislation. However, the chances are still a bit remote at this point at court.
If you’ve faced a breach of the Ontario Human Rights Code
in relation to certain protected grounds -- including certain forms of discrimination, harassment and failures to “accommodate” -- you can seek reinstatement at Ontario’s Human Rights Tribunal. It’s not a common remedy that is ordered but the law is starting to head in that direction.
This is why it’s good to get advice from an employment lawyer if you’ve been fired. Feel free to call me if you have questions or want to book a consultation.