Fired for Your Religious Beliefs? What the TD "I Am HIS" Case Means for Ontario Employees

A TD Executive Was Fired. Her Case Raises Questions Every Ontario Employee Is Searching.

A former TD Insurance executive is suing TD after being fired in a dispute over her work email signature. According to the lawsuit, Sonja Denobrega added "I am HIS" with a cross symbol to her signature. TD told her to remove it. She refused. TD fired her.

She alleges wrongful dismissal and discrimination based partly on creed and age. TD says religion and age played no role — it says she was terminated for repeatedly refusing to comply with a neutral signature policy. TD characterizes pronouns, which it allowed in signatures, as a limited optional identifier rather than prohibited personalization.

Nothing has been decided. The case is still before the court.

But the questions this case raises are the same ones Ontario employees search every day: Can my employer fire me for my religion? What is wrongful dismissal? How much severance am I owed? Should I sign my severance offer? Here are the answers.

Can Your Employer Fire You for Your Religion in Ontario?

In Ontario, creed — including religious beliefs — is a protected ground under the Human Rights Code. An employer cannot fire, discipline, or refuse to hire you because of your religion.

Employers also have a duty to accommodate your religious beliefs and practices to the point of undue hardship. That can include things like schedule changes for holy days, prayer breaks, or exceptions to a dress code or grooming policy.

An employer can still set workplace policies. But a policy must not be applied in a way that discriminates, and the employer must consider accommodation before punishing an employee for a creed-related request. A blanket rule that hits religious expression harder than other expression is exactly the kind of thing that gets tested.

Accommodation is not unlimited. An employer can refuse if accommodating would cause undue hardship — considering cost, outside sources of funding, and health and safety requirements. "It would be inconvenient" is not undue hardship.

Fired "For Cause" for Refusing a Policy — Do You Still Get Severance?

This is the heart of the TD dispute: TD says the firing was for refusing a policy. The employee says it was discrimination.

In Ontario, "just cause" for termination is a very high bar. Courts expect employers to use progressive discipline — warnings, a chance to correct the behaviour — before jumping to termination for a single course of conduct, unless the misconduct is extremely serious.

Refusing a workplace policy, or a heated disagreement with a manager, often does not meet that bar. Many terminations labelled "for cause" are treated by courts as terminations without cause — which means severance is owed.

If you were fired "for cause," do not assume you get nothing. That label is the employer's position, not a court's finding, and it is challenged successfully all the time.

What Is Wrongful Dismissal? Can You Be Fired Without Cause in Ontario?

Yes — in most cases, an employer can fire you without cause in Ontario. Employment is not a guarantee. But if you are fired without cause, you are generally entitled to reasonable notice or pay in lieu of notice — severance.

Wrongful dismissal means you were fired without cause and without the notice or severance you were owed. It also covers situations where the employer claims just cause but cannot prove it.

There is no fixed formula in a statute for common-law reasonable notice. It depends on your situation — which is why two people fired from the same company can be owed very different amounts.

How Much Severance Am I Owed in Ontario?

There are two layers:

1. Employment Standards Act (ESA) minimums. These are the floor: generally 1 week per completed year of employment (up to 8 weeks) as termination pay, plus severance pay of 1 week per completed year (plus a quarter-year) if you have 5+ years and your employer has a global payroll of $2.5 million or more.

If you work for a federally regulated employer — like a bank. The TD case is federal, not provincial. Banks, telecoms, airlines, and interprovincial transport fall under the Canada Labour Code, not the ESA. Under the CLC, termination notice is graduated by service: 2 weeks after 3 months, rising to 8 weeks at 8+ years. Severance pay is separate and additional: after 12 consecutive months, the greater of 2 days' wages per completed year or 5 days' wages (except dismissal for just cause). Common-law reasonable notice can still exceed these minimums.

2. Common-law reasonable notice. This is almost always more than the ESA minimum, and it is what most severance negotiations are about. Courts consider the Bardal factors: the character of your employment, your length of service, your age, and the availability of similar employment given your experience, training, and qualifications.

Long service, older age, a senior or specialized role, and a tough job market all push the number up. An enforceable termination clause in your contract can limit you to the ESA minimums — but many termination clauses are unenforceable, and a lawyer should check yours before you accept it.

A free case review can give you a real number for your situation.

Should I Sign My Severance Offer?

No — not on the spot.

A severance offer almost always comes with a release. Once you sign it, you give up the right to claim more, even if you later learn you were owed far more. Employers know this, which is why offers often come with a short deadline and pressure to sign quickly.

In many cases, the first offer is not the final number. Severance is frequently negotiable, especially where the termination clause is weak, the "for cause" claim is shaky, or there are human rights issues in play.

Do not sign a severance offer or a termination letter the day you receive it. Preserve the offer, the policy, the emails, and the termination letter, and get a legal review first. A short delay to get advice can be worth far more than a quick signature.

How Do I File a Religious Discrimination Complaint in Ontario? What Is the Deadline?

It depends on who your employer is.

If your employer is provincially regulated, you generally apply to the Human Rights Tribunal of Ontario (HRTO) within 1 year of the incident.

If your employer is federally regulated — and banks like TD are — a human rights complaint generally goes to the Canadian Human Rights Commission, also generally within 1 year. That is an important distinction in the TD case: a bank employee's complaint would not go to the HRTO.

You do not have to choose between a human rights complaint and a wrongful dismissal claim — in many cases, both routes are available, and a lawyer can advise which fits your situation. Do not miss the deadline: human rights limitation periods are strict.

Do Older Employees Get More Severance?

Often, yes. Age is one of the Bardal factors courts use to set reasonable notice. Older employees with long service often receive more severance, because re-employment in similar work is harder.

Mandatory retirement is abolished in Ontario (with narrow exceptions). An employer cannot force you out at 65, and an older worker who is fired may also have an age discrimination claim on top of a wrongful dismissal claim — which is part of the allegation in the TD case.

Frequently Asked Questions

How much severance am I owed in Ontario?

It depends on your length of service, age, position, salary, and the availability of similar work, plus whether your contract has an enforceable termination clause. ESA minimums are the floor for provincially regulated employees; if your employer is federally regulated — like a bank — the Canada Labour Code minimums apply instead. Common-law reasonable notice is usually more. A free case review can give you a real number.

What is wrongful dismissal in Ontario?

Wrongful dismissal means you were fired without cause and without the notice or severance you were owed — or fired for alleged "cause" that the employer cannot prove.

Can I be fired without cause in Ontario?

Yes, in most cases. But if you are fired without cause, you are generally entitled to reasonable notice or pay in lieu of notice.

Should I sign my severance offer?

Not on the spot. A severance offer usually includes a release that ends your right to claim more. Get a legal review before you sign — offers are often negotiable.

Do I have to sign a termination letter?

No. You do not have to sign a termination letter or severance offer the day you receive it. Take it home, preserve it, and get advice before agreeing to anything.

Can my employer fire me for my religion?

An employer cannot discriminate against you because of your creed under Ontario's Human Rights Code. Whether a specific termination is lawful depends on the facts, including whether the policy was applied consistently and whether accommodation to the point of undue hardship was considered. Nothing in the TD case has been decided.

Can my employer make me remove a hijab, turban, or cross at work?

An employer can have dress code and safety policies, but a rule that bans religious dress or symbols may raise human rights issues. The employer must consider accommodation to the point of undue hardship before enforcing it.

What is the duty to accommodate religion at work?

Employers must accommodate an employee's religious beliefs and practices — such as prayer breaks, holy days, or dress exceptions — to the point of undue hardship.

When can an employer refuse accommodation?

Only if accommodation would cause undue hardship, considering cost, outside sources of funding, and health and safety. Inconvenience alone is not undue hardship.

Can I be fired for expressing religious beliefs at work or on social media?

It depends on the facts. An employer can enforce legitimate workplace policies, but it cannot discriminate on the basis of creed. Whether a specific firing is lawful turns on how the policy was applied and whether accommodation was considered.

I was fired "for cause" for refusing a policy. Do I still get severance?

Possibly. Just cause is a high bar in Ontario, and many "for cause" firings are treated as without cause — which means severance is owed. Do not accept the label without a legal review.

How do I file a religious discrimination complaint in Ontario?

Provincially regulated employees generally apply to the HRTO within 1 year. Federally regulated employees — including bank employees — generally complain to the Canadian Human Rights Commission, also generally within 1 year.

Do older employees get more severance?

Often. Age is a factor courts consider in setting reasonable notice, and older, long-service employees frequently receive more.

Free Case Review

If you were fired in North York or Toronto and think your rights were violated, get a free case review before you sign anything. Call Kadish Law at 416-931-2555 or visit https://www.kadishlaw.ca/employees-terminations.

Source: National Post — https://nationalpost.com/news/td-executive-fired-over-christian-symbol

Disclaimer: This article is general information only and is not legal advice. Every case is different. Contacting Kadish Law does not create a solicitor-client relationship.