Can an Employer Reverse a Termination in Ontario? (Can You Be “Un-Fired”?)

Can an Ontario employer force you to return to work after terminating you?

No. Once a termination takes effect, the employment relationship is legally ended. An employer cannot require you to return resuming the employment relationship requires your genuine agreement. You have the right to refuse a reinstatement offer and still pursue your original termination entitlements, including any wrongful dismissal or severance claims arising from the termination itself.

Can I still claim severance if my employer reverses the termination?

It depends on the specific circumstances. Where you refuse a reasonable reinstatement offer one that genuinely preserves your original terms of employment including your start date, compensation, and benefits that refusal may affect your ability to claim damages for the period following the offer. Where the offer is not reasonable, or introduces new or less favourable terms, refusing it is less likely to affect your entitlement. Getting legal advice on the specific reinstatement offer before responding is essential to understanding this trade-off.

If I return to work after being fired, does it count as a new employment relationship?

It should not but this depends on how the reinstatement is structured. A genuine rescission of a termination should preserve your original start date, full length of service, and existing employment terms. Where the employer is trying to treat the return as a new employment relationship with a new start date, a new contract, or new terms that characterization can significantly reduce your future severance entitlements and should not be accepted without legal advice on the implications.

What if I was terminated by mistake in Ontario?

Even where a termination was issued in error, you are not automatically required to return as if it never happened. Whether the rescission is effective depends on timing specifically how much you have relied on the termination in the period since it was issued. Where you have taken meaningful steps in reliance on the termination, the employer cannot simply take it back unilaterally. Get legal advice on the specific timing and circumstances to understand your options.

Can a layoff be reversed in Ontario?

Yes where the employee has not already treated the layoff as a constructive dismissal and the employer recalls within the applicable ESA timeframe. BC and Ontario have different rules on temporary layoffs. In Ontario, where a layoff exceeds the ESA's permitted limits or the employee has already served notice of constructive dismissal, a recall does not automatically resolve the claim. Whether a recall after a layoff is meaningful and whether it eliminates a constructive dismissal claim depends on the specific timing, the terms of the recall, and whether the original employment terms are preserved. See our full guide on constructive dismissal in Ontario.