Were You Actually Wrongfully Dismissed?
If you were fired for calling in sick, you may have been wrongfully dismissed. But not every termination related to illness is wrongful. Let's figure out where you stand. Being terminated from your job is one of the most stressful experiences a person can go through, especially when you are already dealing with an illness or medical condition. In Canada, employment laws provide significant protections for workers who need time off for health reasons. However, navigating these laws can be complex, and employers sometimes make mistakes or intentionally violate employee rights.
Understanding the difference between a justified termination and a wrongful dismissal is crucial. Wrongful dismissal occurs when an employer terminates an employee without providing reasonable notice or pay in lieu of notice, or when they terminate an employee for discriminatory reasons, such as a disability or medical condition. When it comes to calling in sick, the line between acceptable absence and grounds for termination can sometimes seem blurry, but the law is quite clear on many points.
Signs of Wrongful Dismissal
Your termination was likely wrongful if:
- ✅ You were fired after a single sick day absence. A single absence, especially if it is due to a genuine illness, is rarely grounds for immediate termination.
- ✅ You were fired without progressive discipline (no warnings). Employers are generally expected to follow a process of progressive discipline, giving employees a chance to improve their attendance before resorting to termination.
- ✅ You provided a doctor's note and were still terminated. If you have provided valid medical documentation, your employer is generally required to accept it and accommodate your absence.
- ✅ You have a medical condition and weren't offered accommodation. Under human rights legislation across Canada, employers have a duty to accommodate employees with disabilities or medical conditions to the point of undue hardship.
- ✅ You were fired while on job-protected leave. Many provinces offer job-protected sick leave or medical leave. Firing an employee while they are on such leave is a clear violation of employment standards.
- ✅ You were fired immediately after requesting accommodation. This can be seen as retaliation and is a strong indicator of a human rights violation.
- ✅ Other employees with similar attendance weren't terminated. If you are being singled out for termination while others with similar records are kept on, this could indicate discrimination or bad faith on the part of the employer.
Signs It May NOT Be Wrongful
Your termination may be justified if:
- ❌ You were caught lying about being sick (e.g., social media evidence). Dishonesty breaks the fundamental trust in the employment relationship and can be grounds for termination for cause.
- ❌ You had 20+ undocumented absences after multiple warnings. Chronic absenteeism, especially when undocumented and after repeated warnings, can eventually justify termination.
- ❌ You refused to provide documentation when reasonably requested (repeatedly). Employers have the right to request reasonable medical documentation to verify absences and understand accommodation needs.
- ❌ You abandoned your job (no-call, no-show for 3+ days). Failing to show up for work and failing to communicate with your employer can be considered job abandonment.
- ❌ Your employer followed proper progressive discipline over many months. If your employer has documented a long history of attendance issues, provided warnings, and offered support, they may eventually have grounds for termination.
What You May Be Owed
If you were wrongfully dismissed, you could be entitled to significant compensation. The exact amount depends on various factors, but it generally falls into three categories:
Reasonable Notice (or Pay in Lieu)
- 1 week to 1 month per year of service (common law). This is a general guideline, but the actual amount can vary widely.
- Based on age, position, length of service, and availability of similar work. Older employees, those in senior positions, and those with long tenure typically receive more notice.
- Can be 3 to 24 months of salary for long-term employees. In some cases, courts have awarded even more than 24 months for exceptional circumstances.
Human Rights Damages
If you were fired due to disability (including mental health), you may be entitled to human rights damages. This is separate from reasonable notice and is intended to compensate for the discrimination you faced.
- $10,000 to $75,000+ in damages for injury to dignity, feelings, and self-respect.
- Reinstatement to your position (rare but possible). While uncommon, human rights tribunals have the power to order an employer to give you your job back.
- Back pay for lost wages from the date of termination to the date of the tribunal decision.
Punitive Damages
If your employer acted in bad faith, such as by being unnecessarily harsh, vindictive, or malicious during the termination process, you may be awarded punitive damages.
- Additional damages for egregious conduct. These are intended to punish the employer and deter similar behavior in the future.
- Usually $25,000 to $100,000+.
Your Next Steps
If you believe you have been wrongfully dismissed, it is important to take action quickly to protect your rights.
1. Document Everything (Do This NOW)
- Save your termination letter or email. This is a crucial piece of evidence.
- Save all communication about your absences, including emails, text messages, and voicemails.
- Save any sick notes you provided to your employer.
- Save your employee handbook or attendance policy to show what the rules were.
- Write down a timeline of events while it's fresh in your memory. Include dates, times, and details of conversations.
2. File for Employment Insurance
- You're likely eligible for EI if you were terminated without cause. Even if your employer claims they had cause, you should still apply and let Service Canada make the determination.
- Apply within 4 weeks of your last day of work.
- Don't wait, there are deadlines. Delaying your application can result in a loss of benefits.
3. Consult an Employment Lawyer
- Most offer free 30-minute consultations. This is a great way to get an initial assessment of your case without any financial commitment.
- They work on contingency (no upfront cost). This means they only get paid if you win your case or reach a settlement.
- They can assess your claim's strength quickly and advise you on the best course of action.
- Do this within 2 years (limitation period). In most provinces, you have two years from the date of termination to file a lawsuit.
4. File a Human Rights Complaint (If Applicable)
- If you were fired due to disability or a medical condition, you may have a human rights claim.
- File with your provincial human rights tribunal.
- Alberta: Alberta Human Rights Commission
- Ontario: Human Rights Tribunal of Ontario
- BC: BC Human Rights Tribunal
How a Sick Note Could Have Prevented This
If you had documentation for your absences, the situation might have played out very differently. A valid sick note from a licensed physician is a powerful tool for protecting your job.
- Your employer would have been on much weaker legal ground. Terminating an employee who has provided valid medical documentation is highly risky for an employer.
- Human rights protections would have been clearly triggered. A sick note establishes that you have a medical condition requiring accommodation.
- Progressive discipline would have been harder to justify. If your absences are medically supported, they generally cannot be counted as culpable absenteeism.
- Your wrongful dismissal claim would be even stronger. Having a paper trail of medical documentation makes it much easier to prove that your termination was related to your health.
Always remember that having a sick note protects you. It provides objective, third-party verification of your illness and makes it much harder for your employer to take adverse action against you.
MedLetter vs. Walk-in Clinics
When you need a sick note, you have options. But not all options are created equal. Let's compare MedLetter to a traditional walk-in clinic.
Walk-in Clinic:
- Cost: Often $20 to $50 just for the note, plus the cost of transportation and parking.
- Wait Time: 2 to 4 hours in a waiting room full of other sick people.
- Convenience: Requires you to leave your home when you are feeling unwell.
- Risk: Exposure to other illnesses while waiting.
MedLetter:
- Cost: A flat fee of $49. No hidden charges.
- Wait Time: Same-day delivery, often within 2 to 6 hours.
- Convenience: 100% online. Request your note from the comfort of your bed.
- Risk: Zero exposure to other illnesses.
The choice is clear. MedLetter offers a faster, safer, and more convenient way to get the documentation you need to protect your job.
Going Forward: Protect Yourself
Whether you're fighting a wrongful dismissal or starting a new job, always take steps to protect yourself.
- Get a sick note for every absence. Don't leave it to chance. A sick note is your best defense against disciplinary action.
- Keep copies of all documentation. Create a file for your sick notes, emails with your manager, and any other relevant documents.
- Know your provincial employment standards. Familiarize yourself with your rights regarding sick leave and termination.
- Follow call-in procedures exactly. Make sure you know who to call, when to call, and what information to provide when you are sick.
Don't wait until it's too late. Protect your job and your livelihood with a legally valid sick note.
New sick-note requests are temporarily paused while we review our service. We are not accepting new orders at this time.
Need a sick note in Canada? MedLetter provides official physician-signed documentation for $49 with same-day delivery. No walk-in clinic visit needed — submit in 2 minutes, receive your note by email. Serving all provinces.
Need a sick note in Canada? MedLetter provides official physician-signed documentation for $49 with same-day delivery. No walk-in clinic visit needed — submit in 2 minutes, receive your note by email. Serving all provinces.
MedLetter provides same-day sick notes from licensed Canadian physicians. $49. No clinic visit. Protect your livelihood.
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This article provides general information only. For legal advice specific to your situation, consult an employment lawyer in your province. Time limitations apply to legal claims, act promptly.
Frequently Asked Questions
Can I get a sick note online in Alberta?
Yes. CPSA-registered physicians can assess patients through virtual consultations and issue legally valid sick notes. Online notes carry the same legal weight as in-person notes.
How much does an online sick note cost in Alberta?
MedLetter charges a flat fee of $49 for a sick note, with same-day delivery. This is often faster and more convenient than visiting a walk-in clinic.
Will my employer accept an online sick note?
Yes. All Alberta employers are expected to accept valid New sick-note requests are temporarily paused while we review our service. We are not accepting new orders at this time. from licensed physicians. There is no legal distinction between documentation from virtual vs. in-person consultations.
How long does it take to get a sick note from MedLetter?
Most sick notes are delivered within 2 to 6 hours of submission. Same-day delivery is standard for requests submitted during business hours.
What happens if I don't have a sick note?
Without a sick note, your employer may treat your absence as unexcused. This can lead to disciplinary action, including warnings, suspension, or even termination. Having a sick note protects you by providing medical justification for your absence.