Fired for Calling in Sick? You May Have a Wrongful Dismissal Claim
If your employer fired you for being legitimately sick, you may have a wrongful dismissal claim worth thousands. Here's what you need to know.
## 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.
## Signs of Wrongful Dismissal
Your termination was likely wrongful if:
- ✅ You were fired after a single sick day absence
- ✅ You were fired without progressive discipline (no warnings)
- ✅ You provided a doctor's note and were still terminated
- ✅ You have a medical condition and weren't offered accommodation
- ✅ You were fired while on job-protected leave
- ✅ You were fired immediately after requesting accommodation
- ✅ Other employees with similar attendance weren't terminated
## Signs It May NOT Be Wrongful
Your termination may be justified if:
- ❌ You were caught lying about being sick (e.g., social media evidence)
- ❌ You had 20+ undocumented absences after multiple warnings
- ❌ You refused to provide documentation when reasonably requested (repeatedly)
- ❌ You abandoned your job (no-call, no-show for 3+ days)
- ❌ Your employer followed proper progressive discipline over many months
## What You May Be Owed
If you were wrongfully dismissed, you could be entitled to:
### Reasonable Notice (or Pay in Lieu)
- **1 week to 1 month per year of service** (common law)
- Based on age, position, length of service, and availability of similar work
- Can be 3-24 months of salary for long-term employees
### Human Rights Damages
If you were fired due to disability (including mental health):
- **$10,000 - $75,000+** in damages for injury to dignity
- Reinstatement to your position (rare but possible)
- Back pay for lost wages
### Punitive Damages
If your employer acted in bad faith:
- Additional damages for egregious conduct
- Usually $25,000 - $100,000+
## Your Next Steps
### 1. Document Everything (Do This NOW)
- Save your termination letter/email
- Save all communication about your absences
- Save any sick notes you provided
- Save your employee handbook/attendance policy
- Write down a timeline of events while it's fresh
### 2. File for Employment Insurance
- You're likely eligible for EI if you were terminated without cause
- Apply within 4 weeks of your last day
- Don't wait — there are deadlines
### 3. Consult an Employment Lawyer
- Most offer free 30-minute consultations
- They work on contingency (no upfront cost)
- They can assess your claim's strength quickly
- **Do this within 2 years** (limitation period)
### 4. File a Human Rights Complaint (If Applicable)
- If you were fired due to disability/medical condition
- 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:
- Your employer would have been on much weaker legal ground
- Human rights protections would have been clearly triggered
- Progressive discipline would have been harder to justify
- Your wrongful dismissal claim would be even stronger
## Going Forward: Protect Yourself
Whether you're fighting a wrongful dismissal or starting a new job, always:
- Get a sick note for every absence
- Keep copies of all documentation
- Know your provincial employment standards
- Follow call-in procedures exactly
**MedLetter provides same-day sick notes from licensed Canadian physicians. $49. No clinic visit. Protect your livelihood.**
[Get a Sick Note →](/get-started/sick_note)
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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.*