Fired for Workplace Violence or Fighting in Ontario

Workplace conflicts can occasionally escalate into shouting matches or physical altercations. 📍 In Ontario, the Occupational Health and Safety Act (OHSA) imposes a strict legal duty on all employers to provide a safe working environment. When a fight occurs, employers often immediately terminate the employees involved “for cause,” operating under the assumption that a zero-tolerance violence policy completely shields them from having to pay any severance.

However, employment law is rarely black and white. While an employer has the right to terminate you to protect the workplace, denying you your minimum severance pay under the Employment Standards Act (ESA) requires them to prove “willful misconduct.” If you were defending yourself against an unprovoked attack, or if the “violence” was merely a heated verbal argument without physical contact, terminating you for cause may constitute wrongful dismissal.

Step-by-Step Process in Ontario

Whether the incident occurred in a warehouse in Brampton, a busy restaurant in Hamilton, or a corporate office in Toronto, a termination for violence carries a severe stigma. 📚 You must act quickly and methodically to protect your reputation and your legal entitlements.

Step 1: Write Down Your Version of Events

As soon as you leave the workplace, write down exactly what happened while the details are fresh. Include what was said, who initiated the conflict, any physical contact, and the names of all coworkers or managers who witnessed the incident. This contemporaneous record will be vital evidence for your lawyer later.

Step 2: Participate in the Internal Investigation

Under OHSA, an employer must conduct an investigation into any incident of workplace violence or harassment. 🔍 You should co-operate fully, answer their questions truthfully, and provide your written statement. If the employer fires you on the spot without conducting any investigation or listening to your side of the story, they are severely weakening their legal defence for a “just cause” termination.

Step 3: Secure Witnesses and Evidence

If possible, contact coworkers who witnessed the event and ask if they would be willing to provide a truthful statement. Furthermore, if the incident happened in an area with security cameras, immediately ask your employer in writing to preserve the video footage. Do not let them mysteriously “lose” the video.

Step 4: Apply for Employment Insurance (EI)

Being fired for workplace violence often leads to Service Canada denying your EI claim. 💰 Apply anyway. If your claim is denied, you have 30 days to request a Reconsideration. You will need to argue that your actions were either self-defence or a momentary lapse in judgement rather than intentional, willful misconduct.

Step 5: Consult an Employment Law Firm

Do not try to negotiate with an angry employer on your own. Speak to an Ontario employment lawyer immediately. A law firm can assess the severity of the incident. Ontario courts have routinely ruled that a single instance of swearing or minor shoving, especially if provoked, does not automatically destroy an employee’s right to common law severance.

Step 6: Launching a Civil Lawsuit

If the lawyer determines you were wrongfully dismissed, they will first try to negotiate a settlement behind closed doors. 💼 If the employer refuses to budge on their zero-tolerance stance, your lawyer will issue a Statement of Claim at the Superior Court of Justice to fight for your severance pay.

How Much Does it Cost in Ontario?

Fighting back against a termination for cause involves specific legal fees and court costs in Ontario:

• Court Filing Fee: Issuing a Statement of Claim at the Superior Court of Justice costs $339 CAD.
• Law Firm Fees: Many lawyers will review your case and, if strong, take it on a contingency basis (charging 25% to 35% of the settlement). If paying hourly, expect to spend $300 to $650 CAD per hour.
• Disbursements: You may encounter out-of-pocket expenses for things like acquiring police reports or security footage, typically under $500 CAD.

How Long Does the Process Take?

Because allegations of violence are highly contentious, employers often fight these claims aggressively. ⌛ You must file your lawsuit within the 2-year limitation period.

• Investigation Phase: An employer’s internal OHSA investigation should realistically take 1 to 4 weeks.
• Negotiation Phase: Exchanging demand letters and trying to settle early takes 1 to 3 months.
• Litigation Phase: If the case proceeds through the Superior Court system, mandatory mediation and discoveries can stretch the timeline to 12 to 24 months.

Frequently Asked Questions (FAQ)

Author: lawyerinfo.ca