What happens if I refuse to comply with my employer’s mandatory vaccination policy? Two Questions Answered: I have no termination letter only the ROE? I was fired with cause, am I owed severance and termination pay? In many cases yes.

Many employees are now facing unemployment because they have not complied with a mandatory vaccination policy. We have put together responses to two frequently asked questions to help inform employees to ensure fair treatment.

 

Question #1: My employer sent me my ROE with no termination letter, what do I do?

The first thing you should do is look at which Record of Employment (“ROE”) code your employer has used. The employer has the choice of the following reasons (or codes):

• A – work shortage
• B – strike/lockout
• C – return to school
• D – illness/injury
• E – quit
• F – pregnancy or adoption
• G – retirement
• H – work-sharing
• J – apprentice training
• M – dismissal
• N – leave of absence
• K – other

Typically, employers will use the ROE codes A or K for layoffs or terminations without cause. Therefore, if your ROE code is M, you have likely been terminated with cause. This will impact your entitlement to Employment Insurance (“EI”) benefits.

You should communicate with your former employer to determine why you have been laid off or terminated and, if terminated with cause, on what grounds. If terminated without cause, you are entitled to a severance package. If terminated with cause, you could be entitled to a severance package if your former employer has unjustifiably terminated you with cause. If you have been laid off, you might be able to claim constructive dismissal. And your employer may owe you full severance and termination pay. Contact us to protect your rights to severance and termination pay.

 

Question #2: Can my employer fire me with cause and pay me nothing? Not in many cases.

Recall that your employer can always terminate you without cause.  Your employer can also terminate you with cause, but your employer must be able to show at least wilful misconduct, disobedience, or wilful neglect of duty in order withhold your Employment Standards Act (“ESA”) minimum entitlements on termination, and pay you nothing.  If wilful misconduct cannot be shown, then your employer at least owes you termination and severance pay in accordance with the ESA minimum standards, and possibly significantly more.

Contact us immediately if you were fired with cause as you may be owed significant severance. 

 

Conclusion

The law around terminations for breach of a mandatory vaccination policy is a new and emerging area. Every case will be different, and many employees are being unjustifiably terminated with cause. We will protect your rights.

If you need guidance from an experienced employment lawyer,

Hum Law Firm can ensure you receive a fair severance package.

Complete our Free Assessment Form Here

Call HUM Law today at (416)214-2329 or email info@thehumlawfirm.ca