Yes, your Toronto employer can legally fire you if you face criminal charges. However, under common law, pending charges alone do not automatically constitute “just cause”; your employer must conduct an independent investigation to prove the misconduct on a balance of probabilities, and you may still be entitled to statutory termination pay under Ontario’s Employment Standards Act.
An arrest by the Toronto Police Service creates chaos in every aspect of your life. Beyond the immediate fear of jail time and massive legal fees, one of the most pressing anxieties is whether you will lose your livelihood. Many people mistakenly believe that because they are “innocent until proven guilty” in the Canadian criminal justice system, their employer cannot take action until a trial is over. 😨
Unfortunately, employment law in Ontario operates under a completely different set of rules than criminal law. Employers are not required to wait for a judge’s verdict to protect their business interests. 📈 Depending on the nature of your job and the severity of the charge, your career could be in serious jeopardy before you even set foot in the Ontario Court of Justice. This guide explains how criminal charges impact your employment and what a local lawyer can do to protect you.
Step-by-Step Process in Toronto, Ontario
Whether you work in a corporate tower in downtown Toronto, a manufacturing plant in Etobicoke, or a retail store in North York, navigating the intersection of criminal and employment law requires extreme caution. 🚨
Step 1: Review Your Employment Contract
Before making any statements to your boss, review your employment contract and company policies. Many large Toronto corporations have strict “morals clauses” or mandatory disclosure policies. 📄 If your contract explicitly requires you to report any police contact or criminal charges to Human Resources, failing to do so can be grounds for immediate termination.
Step 2: Determine the “Nexus” (Connection)
The most critical factor is the “nexus” or connection between your criminal charge and your job. However, under common law (as highlighted in decisions like Merritt v. Tigercat Industries, 2016 ONSC 1214), the mere fact of having pending criminal charges does not automatically constitute “just cause” for dismissal. To legally fire you for just cause, the employer must conduct an independent investigation and prove, on a balance of probabilities, that you actually committed the misconduct. If a bank teller is accused of fraud, the employer must verify the misconduct themselves; they cannot rely solely on a police arrest. For off-duty conduct with little job connection, establishing a nexus to justify termination is even more difficult.
Step 3: Consult a Defence and Employment Lawyer
Do not speak to your employer or Human Resources before getting professional legal advice. A Toronto criminal defence lawyer will team up with an employment lawyer to plan your strategy. 💼 Sometimes, it is better to remain silent; other times, a proactive explanation to your boss can save your job and result in a temporary paid suspension rather than an outright firing.
Step 4: Understand “Without Cause” Termination
In Ontario, an employer can fire you “without cause” at almost any time, for almost any reason, provided it is not discriminatory under the Human Rights Code. 💵 If your employer simply feels uncomfortable with your pending charge, they can let you go. However, if they terminate you “without cause,” they must pay you your full common-law and statutory severance package, which can amount to tens of thousands of dollars. It is also vital to know that under Ontario’s Employment Standards Act (ESA), you only forfeit your statutory termination and severance pay if your employer proves the much higher standard of “wilful misconduct, disobedience or wilful neglect of duty.” As established in Render v. ThyssenKrupp Elevator (2022 ONCA 310), this statutory standard is much harder to meet than common-law “just cause” and requires proving a subjective intent or planning.
How Much Does it Cost in Toronto?
Facing employment issues alongside criminal charges creates a complex legal battle with multiple financial considerations:
- Employment Lawyer Consultation: Sitting down with an Ontario employment lawyer to review your contract and severance rights typically costs between $300 and $500 CAD. 💲
- Lost Severance Pay: If your employer successfully establishes “just cause” under common law and meets the strict ESA “wilful misconduct” standard, you may lose your right to common-law and statutory notice pay and severance.
- Criminal Defence Fees: Fighting the underlying charge to clear your name usually costs between $3,000 and $10,000 CAD for summary convictions, and significantly more for indictable offences.
| Reason for Firing | Employer Severance Obligation in Ontario |
|---|---|
| Termination “Without Cause” | Full Severance Pay Required |
| Termination for “Just Cause” (e.g., Workplace Theft) | Zero Common-Law Severance (ESA statutory pay is still required unless “wilful misconduct” is proven under Render v. ThyssenKrupp) |
| Frustration of Contract (e.g., Held in Jail Without Bail) | Zero Severance Pay |
How Long Does the Process Take?
A criminal trial in Toronto often takes 1 to 2 years to reach a conclusion. ⌛ Most employers will not wait that long. They will usually make a decision to suspend you (with or without pay) or terminate your employment within days or weeks of discovering the arrest.
Frequently Asked Questions (FAQ)
Does the Ontario Human Rights Code protect me?
The Ontario Human Rights Code strictly prohibits discrimination based on a “record of offences.” However, this protection only applies if you have already been convicted and subsequently received a formal pardon (record suspension), or for provincial offences. It does not protect employees facing active, pending criminal charges.
What happens if I am held in jail and cannot go to work?
If you are denied bail and must remain at the Toronto South Detention Centre, you obviously cannot show up for your shifts. In employment law, this is often considered “frustration of contract.” The employer can legally terminate your employment because you are physically unable to fulfill your job duties, usually without paying severance.
Can I be fired if I am eventually found Not Guilty?
Yes. Criminal courts require proof “beyond a reasonable doubt.” Employment law operates on a “balance of probabilities” (which means it is more likely than not). An employer might legally justify firing you for misconduct even if the criminal court decides there wasn’t enough evidence to put you in jail.
Do I have to tell my employer I was arrested?
Unless your employment contract specifically demands disclosure, or your bail conditions legally prevent you from doing your job (for example, you are a delivery driver who lost their licence, or a teacher ordered to stay away from minors), you generally have a right to privacy regarding off-duty conduct.
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