Can My Employer Fire Me Right Before or After the Holidays Without Paying Severance? An Employment Lawyer’s Perspective
- noahkadish
- 7 minutes ago
- 2 min read
Yes, an employer can legally terminate an employee in December, including right before or after the holidays. However, from an employment lawyer’s perspective, the timing of a termination is often a critical factor in determining how much severance an employee is entitled to under common law.
Why an Employment Lawyer First Looks at Your Contract
One of the first things an employment lawyer will assess is whether the employee is actually restricted by an enforceable employment contract. Many contracts attempt to limit severance to Employment Standards Act minimums, but a significant number of these termination clauses are invalid under Ontario law. When that happens, the employee is entitled to common law reasonable notice, which is typically far more generous than statutory severance.
Common law notice is not calculated using a rigid formula. Courts look at a range of factors, including age, length of service, role, seniority, compensation, and the availability of comparable employment. The last factor becomes especially important when a termination occurs around the holidays.
Why Holiday Terminations Often Increase Severance
December is a uniquely difficult time to find new work. Many employers are not hiring. Hiring managers and decision makers are away. Recruiting activity slows or stops altogether. From an employment law standpoint, this has a direct impact on an employee’s ability to mitigate their losses by securing new employment.
Courts recognize this reality. Employment law case law supports the principle that when an employer chooses to terminate someone right before or during the holiday period, the resulting difficulty in finding new work can justify a longer notice period. A longer notice period means more severance.
Why You Should Speak to an Employment Lawyer Before Accepting
In practical terms, this means that a termination in late December is often worth more than the same termination at another time of year. The employer’s decision to terminate when the job market is effectively paused should not financially disadvantage the employee.
This is why employment lawyers frequently challenge severance offers made during the holidays. What appears to be a standard offer is often well below what the employee is legally entitled to once timing and common law factors are properly applied.
If you were fired right before or after the holidays, it is especially important to have an employment lawyer review your severance package. The timing alone may significantly increase your entitlement, and many employees leave money on the table by accepting holiday severance offers without legal advice.
