Being suspended from work is stressful and confusing. You’re probably wondering: Will I get fired? What does this mean? What are my rights? Here’s everything you need to know about workplace suspensions in Ontario.
Suspended at Work: Will I Get Fired?
Not necessarily. A suspension doesn’t automatically mean you’ll be fired, but it depends on why you were suspended and what happens during the investigation.
Two Possible Outcomes:
1. You Return to Work If the investigation clears you or finds only minor issues, you’ll likely return to your job. Many suspended employees go back to work once the matter is resolved.
2. You Get Terminated If the investigation finds serious misconduct or wrongdoing, your employer may terminate your employment. However, they still need “just cause” to fire you without severance.
Key Point:
A suspension is typically temporary while your employer investigates. It’s not a termination—your employment relationship still exists during the suspension period.
What Does It Mean to Be Suspended at Work?
A workplace suspension means your employer temporarily removes you from your job duties while keeping the employment relationship intact. You’re not fired, but you’re not working either.
Two Types of Suspensions:
1. Administrative Suspension (Investigation) Your employer is investigating a workplace incident and needs you out of the workplace temporarily. This is the most common type.
Examples:
- Allegations of workplace misconduct against you
- You’re involved in a harassment complaint
- There’s a workplace incident being investigated
- Criminal charges related to work
2. Disciplinary Suspension (Punishment) Your employer is punishing you for confirmed misconduct as part of progressive discipline.
Examples:
- Repeated policy violations
- Insubordination or inappropriate behavior
- Performance issues after warnings
- Minor misconduct that doesn’t warrant termination
Suspended at Work: What to Do
If you’ve been suspended, take these steps immediately to protect yourself:
Step 1: Stay Calm and Professional
Don’t:
- Argue or become confrontational
- Refuse to leave the workplace
- Make threats or ultimatums
- Post about it on social media
Do:
- Remain calm and respectful
- Ask for written details of the suspension
- Request clarification if needed
- Leave the workplace if asked
Step 2: Get Everything in Writing
Ask your employer for written documentation including:
- The reason for the suspension (general nature, if not full details)
- Whether it’s paid or unpaid
- Expected duration or timeline
- What happens next (investigation process, when you’ll hear back)
- Who to contact for updates
If they refuse to provide written details, send an email confirming what you were told verbally.
Step 3: Review Your Employment Contract
Check your contract for:
- Clauses about suspension (does it allow unpaid suspension?)
- Disciplinary procedures
- Your rights during investigations
- Appeal processes
Many employment contracts don’t explicitly allow for unpaid suspension, which could make the suspension illegal.
Step 4: Document Everything
Keep detailed records:
- Date and time of the suspension
- Who told you and what they said (exact words if possible)
- Any witnesses present
- Emails, texts, or written communications
- Your work history, performance reviews, and any awards
Create a timeline: Write down everything that led to the suspension while it’s fresh in your memory.
Step 5: Don't Resign
This is critical: Don’t quit, even if your employer suggests it or you feel pushed out. Resigning can eliminate your right to severance pay and constructive dismissal claims.
If you’re considering resigning, consult an employment lawyer first.
Step 6: Cooperate with the Investigation
If your employer is investigating:
- Respond to reasonable requests for information
- Attend meetings as scheduled
- Be honest and professional
- Provide your side of the story clearly
- Bring notes or evidence that supports your position
You may want a lawyer or representative present during investigation meetings.
Step 7: Consult an Employment Lawyer Immediately
Contact an employment lawyer as soon as you’re suspended, especially if:
- The suspension is unpaid
- You weren’t given a reason
- You believe the suspension is unfair or retaliatory
- You’re worried about being fired
- The suspension is lengthy (more than a few weeks)
Most employment lawyers offer free consultations and can advise you on your rights and options.
Suspended at Work: What Are My Rights?
Ontario law provides strong protections for suspended employees. Here’s what you’re entitled to:
1. Right to Be Paid (In Most Cases)
Generally, employees must be paid during administrative suspensions if they are available and willing to work, unless your employment contract specifically allows unpaid suspension.
Unpaid suspensions are rare and risky for employers. If you’re suspended without pay and there’s no contractual authority to do so, you may be entitled to compensation or damages.
2. Right to Know Why You're Suspended
Suspending an employee without providing a reason is risky for employers, and employers should provide a clear explanation of the general nature of allegations or concerns.
You don’t necessarily need every detail immediately (especially in sensitive investigations), but your employer should give you:
- General nature of the issue
- Why you’re being removed from the workplace
- Expected process and timeline
In Potter v. New Brunswick Legal Aid Services Commission, the Supreme Court stated that suspending an employee without providing any rationale was so unreasonable that the employee was correct in assuming constructive dismissal.
3. Right to a Reasonable Duration
While Ontario doesn’t have specific restrictions on suspension duration, they must be structured to be as short as possible, and employers are legally obligated to act in good faith.
Prolonged suspensions without updates or clear timelines can lead to constructive dismissal claims.
What’s reasonable?
- Simple investigations: Days to a few weeks
- Complex investigations: Several weeks to 2-3 months maximum
- Beyond that: Likely unreasonable unless justified
4. Right to Respond
Employers should provide an opportunity for the employee to respond before disciplinary action is finalized.
You have the right to:
- Explain your side of the story
- Provide evidence or witnesses
- Challenge false allegations
- Have representation (lawyer or union rep) during meetings
5. Protection from Constructive Dismissal
If your employer suspends you improperly, it may constitute constructive dismissal, entitling you to full severance pay.
Constructive dismissal occurs when:
- You’re suspended without pay and there’s no contractual right to do so
- The suspension is unreasonably long
- Your employer doesn’t provide a reason
- The suspension fundamentally changes your employment relationship
In the 2018 case Filice v. Complex Services Inc., an employee suspended improperly was awarded $100,000 in punitive damages.
6. Protection from Retaliation
No matter how upset your employer is that you challenged a workplace suspension, they can’t punish you.
Your employer cannot:
- Fire you for objecting to an unfair suspension
- Penalize you further for questioning the suspension
- Retaliate against you for consulting a lawyer
- Make your working conditions worse when you return
Paid vs. Unpaid Suspension: What's the Difference?
Paid Suspension
Most common during investigations. You stay home but continue receiving your regular wages and benefits.
Your rights:
- Continue getting paid as usual
- Benefits remain in place
- Seniority continues to accrue
- You remain an employee
What you should do:
- Stay available and responsive
- Don’t take another job during the suspension
- Answer calls and emails from your employer
- Attend scheduled meetings
Unpaid Suspension
Rare and often illegal unless your contract explicitly allows it.
Under most circumstances, workplace suspensions need to be paid, and suspending an employee without pay will be considered constructive dismissal in most situations.
When unpaid suspension MAY be legal:
- Your employment contract specifically allows it
- You committed serious misconduct and the employer has strong evidence
- It’s part of a disciplinary process outlined in your contract
- The employer has reasonable grounds to believe maintaining the employment relationship would be harmful to the business or reputation
Your options if suspended without pay:
- File a constructive dismissal claim for full severance
- Sue for unpaid wages during the suspension
- Negotiate a settlement with your employer
When Suspension Becomes Constructive Dismissal
Constructive dismissal means your employer fundamentally changed your employment relationship without your consent, effectively forcing you to quit or claim termination.
Signs Your Suspension Is Constructive Dismissal:
Unpaid Suspension Without Contractual Authority If your contract doesn’t allow unpaid suspension and you’re not being paid, this is likely constructive dismissal.
Unreasonably Long Suspension Suspending an individual for an unreasonably long period could violate the terms of their employment contract or the Employment Standards Act.
No Reason Provided Employers must provide reasoning for suspension, regardless of what the employment contract states.
Bad Faith Conduct Your employer is acting vindictively, retaliatory, or unreasonably.
What to Do If It's Constructive Dismissal:
Option 1: Treat It as Termination
- Consider your employment ended
- Claim full severance pay
- Don’t return to work
- Consult a lawyer immediately
Option 2: Object and Wait
- Send a written objection to the suspension
- State you consider it constructive dismissal
- Wait for your employer’s response
- Preserve your right to claim severance
How Long Can a Suspension Last?
There’s no strict legal limit on suspension duration in Ontario, but the law requires investigations be conducted promptly and efficiently, with reasonable length and scope.
General Guidelines:
| Type of Investigation | Reasonable Duration |
|---|---|
| Simple workplace incident | 1-2 weeks |
| Harassment or discrimination complaint | 2-6 weeks |
| Criminal investigation | Until charges resolved (with regular updates) |
| Complex workplace investigation | 6-12 weeks maximum |
Red flags:
- Suspension beyond 3 months without clear justification
- No updates or communication from employer
- Investigation appears stalled or abandoned
Bottom Line: Key Takeaways
1. Suspension ≠ Termination You’re not automatically fired, but the outcome depends on the investigation.
2. Most Suspensions Must Be Paid Unpaid suspensions are rare and often illegal without specific contractual authority.
3. You Have Rights
- Right to know why you’re suspended
- Right to be paid (usually)
- Right to a reasonable investigation timeline
- Protection from constructive dismissal
4. Don’t Resign Never quit during or after a suspension without legal advice—you could lose severance rights.
5. Document Everything Keep detailed records of all communications, events, and timeline.
6. Get Legal Help Immediately Non-unionized employees in Ontario are often entitled to compensation when suspended from work, and employment contracts claiming the right to unpaid suspension are often not legally enforceable.
7. Act Quickly Time limits apply to legal claims, so don’t wait months to consult a lawyer.
Suspended From Work? Contact an employment lawyer immediately for a free consultation. Whether your suspension is paid or unpaid, fair or unjust, you have rights—and you deserve to know what they are.
Don’t face this alone. Get expert legal advice to protect your job, your income, and your future.
