Can I Get Fired For Making a Complaint Against My Employer
26May

Can I Be Let Go for Making a Complaint Against My Employer?

Raising concerns about unfair or unlawful practices at work can feel intimidating, especially if you’re worried about being terminated as a result. In Ontario, both the Employment Standards Act, 2000 (ESA) and the Ontario Human Rights Code offer legal protections to employees who file complaints in good faith. These laws are designed to protect individuals from retaliation, including dismissal, demotion, or reduced hours.

This article explains your legal rights, what to do if retaliation occurs, and how an Employment Lawyer can help you respond effectively.

Are You Protected After Filing a Workplace Complaint?

Under the ESA, it is unlawful for an employer to penalize or terminate an employee for exercising their legal rights. This includes:

Likewise, the Ontario Human Rights Code prohibits employers from retaliating against employees who file or intend to file a discrimination or harassment complaint. Any such reprisal could constitute a separate breach of the Code.

What Counts as Retaliation?

Retaliation occurs when an employer punishes an employee for asserting their legal rights. Common examples include:

  • Termination or suspension
  • Reduced hours or demotion
  • Hostile treatment from management or coworkers
  • Denial of promotions or benefits
  • Negative performance reviews that lack merit

If any of these actions follow a complaint or legal assertion, it may support a claim for retaliation or constructive dismissal.

What to Do If You’re Facing Retaliation

If you believe you’re being punished for filing a complaint, take immediate steps to protect your rights:

  • Document Everything: Record all adverse actions, including dates, names, emails, and meeting summaries.
  • File a Follow-Up Complaint: Submit a retaliation complaint to the appropriate legal body, such as the Ministry of Labour or Ontario Human Rights Tribunal.
  • Consult an Employment Lawyer: Legal advice can clarify whether your employer’s conduct amounts to wrongful dismissal or breach of statute.

Taking action early increases your chances of success in a legal proceeding or settlement negotiation.

Christopher Achkar - Employment Lawyer

As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:

“No one should fear losing their job for speaking up about mistreatment or illegal practices at work. If you’ve been let go after making a complaint, speak to a lawyer; you may have more rights than you think.” 

 

How to Safely File a Complaint Against Your Employer

When asserting your rights, it’s important to follow proper procedures:

  • Identify the Right Forum: For labour standards violations, contact the Ministry of Labour. For discrimination or harassment, file with the Ontario Human Rights Tribunal.
  • Keep Detailed Records: Document all incidents leading up to your complaint, including the steps you took to resolve the issue internally.
  • Get Legal Guidance: An Employment Lawyer can help you avoid common pitfalls, ensure your complaint is properly filed, and provide representation if retaliation occurs.

Can You Sue Your Employer for Retaliation?

Yes, you may be entitled to compensation or reinstatement if you’ve been dismissed or punished for making a complaint. Legal options may include:

A lawyer will assess your case and guide you on the best course of action based on the facts and available remedies.

Why Legal Support Matters

Workplace disputes involving retaliation are complex. Employers may deny wrongdoing or attempt to justify their actions. Without legal representation, you may struggle to prove your case.

At Achkar Law, our Employment Lawyers provide strategic legal support, including:

  • Reviewing your workplace complaint and employer’s response
  • Advising on the strength of your retaliation or dismissal claim
  • Filing applications with the Human Rights Tribunal or Ministry of Labour
  • Assisting with workplace investigations in Ontario
  • Representing you in negotiations, hearings, or litigation

Common Mistakes to Avoid

Many employees harm their own cases by:

  • Delaying action or failing to document retaliation
  • Filing a complaint with the wrong tribunal
  • Quitting without legal advice (which can affect entitlement to severance)
  • Failing to consult an Employment Lawyer early

Avoiding these errors is crucial to protecting your rights and maximizing potential compensation.

When to Contact a Lawyer

You should seek legal advice if:

  • You were fired shortly after raising concerns
  • You are experiencing hostile treatment following a complaint
  • Your employer denied you accommodations or legal entitlements
  • You’re unsure which forum to file with or what your next steps should be

An experienced Employment Lawyer in Ontario can ensure your rights are enforced and that your case is properly presented.

In Summary

Ontario law protects employees from being let go for making workplace complaints. If you believe you’ve faced retaliation, you may be entitled to legal remedies, including compensation or reinstatement. Acting quickly and seeking guidance from a knowledgeable Employment Lawyer is the best way to ensure your rights are protected.

Contact Achkar Law

If you believe you’ve been terminated or punished for asserting your workplace rights, Achkar Law can help. Our team supports both employees and employers with employment law issues, human rights claims, and workplace investigations in Ontario.

Toll-free: 1-800-771-7882 | Email: [email protected]

employment law firm toronto - Achkar Law

The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©

Workplace Law Topics: Termination and Severance, Wrongful Dismissal, Constructive Dismissal, Termination with Cause, Human Rights, Workplace Harassment, Workplace Accommodations, Ministry of Labour Complaint, Employee Contracts, Employment Dispute and Litigation