If you are fired in Ontario, you generally cannot keep the company laptop or phone, as it remains the property of the employer. However, the logistics of returning the equipment are often negotiated within your formal Release Agreement. If you are denied proper severance, you can file a claim at the Superior Court of Justice, where the filing fee is currently $320 CAD as of May 2026.
When you are abruptly let go from your job, the immediate aftermath is often chaotic and deeply emotional. Along with worries about your financial future, you might suddenly receive aggressive demands from your former employer to instantly return their property, such as a work laptop, a mobile phone, or a company vehicle. Whether you are working remotely in Mississauga, commuting to an office in Toronto, or travelling for sales in Ottawa, the lines between personal and professional devices can sometimes blur, making the return process stressful.
It is crucial to understand that under Ontario employment law, company-issued equipment legally belongs to the business. 📱 Even if you used the phone for personal calls for five years, or if the laptop holds your personal family photos, the hardware is not yours to keep. However, employers cannot legally withhold your minimum statutory termination pay or forcefully enter your home to retrieve these items. The process must be handled legally, professionally, and often forms a key part of your broader severance negotiations.
Step-by-Step Process for Managing Company Property in Ontario
Refusing to return company property can unnecessarily complicate your wrongful dismissal claim and give your employer a reason to delay negotiations. Instead, you should approach the return of equipment strategically, ensuring your personal data is safe and your legal rights to common law severance are protected.
Step 1: Pause and Protect Your Personal Data
Before you hand over any devices, ensure you have removed your personal information. If you have personal bank accounts, social media logins, or personal photos on the device, log out and delete them. 💻 However, you must absolutely never delete, copy, or forward any confidential company documents or client lists to your personal email, as this can be viewed as theft of corporate data and lead to a “just cause” dismissal or a civil lawsuit.
Step 2: Review the Employer’s Demand and Your Contract
Check the termination letter provided by human resources. It will typically state a deadline for returning the equipment. Compare this demand with your original employment contract. Some contracts explicitly state how and where equipment must be returned. If the employer demands you pay for shipping the laptop back to their headquarters, you can often push back and request they provide a prepaid shipping label or send a courier.
Step 3: Consult a Local Employment Lawyer
Before you sign the final release agreement, take your termination package to an Ontario employment law firm. 💼 Often, employers will offer a lowball severance package and demand the equipment back immediately. Your lawyer will draft a demand letter that addresses both your right to a fair, full common law severance package and outlines a reasonable timeline for returning the laptop and phone.
Step 4: Negotiate the Return or Purchase in the Release
In many cases, the return of property is a bargaining chip. Your lawyer can negotiate the terms directly. For instance, if you have an older iPhone or laptop, your lawyer might negotiate a clause in the final Release Agreement allowing you to purchase the device for a nominal fee (e.g., $100 CAD) or simply keep it as part of the overall severance settlement.
Step 5: File a Claim at the Superior Court of Justice if Necessary
If the employer becomes hostile, illegally withholds your last paycheque as “ransom” for the laptop, or refuses to pay proper severance, your lawyer will file a Statement of Claim at your local Superior Court of Justice. The formal litigation process will legally address both the outstanding severance and the orderly return of any corporate assets.
Company Property Return Scenarios
| Scenario | Employer’s Rights | Employee’s Rights in Ontario |
|---|---|---|
| Employer demands immediate return | They have the right to request their property back promptly. | You have the right to a reasonable amount of time to arrange shipping or drop-off. |
| Employer withholds final ESA wages | Strictly prohibited. They cannot hold ESA minimums hostage. | You can file a complaint with the Ministry of Labour to force the wage payment. |
| Employee lost or broke the device | They may seek damages or deduct the depreciated value from common law severance. | They generally cannot deduct the cost from your basic statutory ESA pay without written consent. |
How Much Does it Cost in Ontario?
Dealing with property disputes alongside a wrongful dismissal claim does not require massive upfront capital.
- Court Filing Fees: If you must sue for your severance, the basic filing fee for a Statement of Claim at the Superior Court of Justice is $320 CAD.
- Legal Fees: Most Ontario employment lawyers handle severance negotiations on a contingency fee basis, retaining roughly 25% to 33% of your final settlement.
- Courier Costs: Usually, the employer will cover the $20 to $50 CAD cost of sending a secure courier to pick up the laptop, if requested by your lawyer.
How Long Does the Process Take?
The return of equipment is usually settled very quickly. Through a lawyer’s demand letter, an agreement on returning the devices can be established within 1 to 2 weeks. Resolving the larger severance dispute, however, may take 3 to 6 months through negotiation, or up to 12 to 18 months if it proceeds through the full Superior Court system.
Frequently Asked Questions (FAQ)
Can the company remotely wipe my phone without warning?
Yes. If the phone is managed by the company’s IT department (MDM software), they have the legal right and technical ability to remotely erase the device immediately upon your termination to protect corporate data.
Can I keep the laptop until they pay my common law severance?
Generally, no. You cannot legally hold company property hostage to force a better severance package. Doing so can lead to the employer filing a civil claim against you for the return of the property (known as a writ of delivery).
What if I bought the phone but they paid the monthly bill?
If you own the physical hardware and the company only paid the telecom expenses, the phone is yours. The company will simply cancel their payment plan or remove the SIM card, and you keep your device.
Do I get to keep my company cell phone number?
Usually, the phone number belongs to the company account. However, as part of your severance negotiation, your lawyer can often request that the company release the phone number to your personal account.
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