Fired from Your Job Based on Discriminatory Ground

| Monday, May 25th, 2015 | 2 Comments »


I have been fired from my job because my employer told me I don’t fit into their culture. Is this illegal or a form of discrimination?


Termination Without Cause

Terminating you because you do not “fit” the company culture can be illegal on account of discrimination, but this requires an inquiry into why you do not fit.

When an employer terminates you and gives “fit” as the reason they are terminating you without cause: you are entitled to working notice, payment in lieu of notice or some combination of the two (“notice”). This act on its own is not illegal, as an employer has the discretion to end your employment.

However, an employer is not entitled to discriminate against an employee under a prohibited ground set out in Ontario’s Human Rights Code (the “Code”), to provide notice and to hide behind “fit” as the reason. 

Ontario’s Human Rights Code and Discriminatory Ground

Code grounds include, race, disability, sex, age, gender, family status, sexual orientation, ethnic origin and other personal characteristics. So, if you suddenly do not “fit” with the company’s culture based on some discriminatory ground, you are entitled to compensation above your notice requirements and/or reinstatement.

For example, the following employees likely have a good case against their employer for discrimination:

  • The group of waitresses in their 50’s that did not “fit” were replaced by women in their 20’s
  • The salesman that had excellent sales but no longer “fit” at the car dealership after his boss found out he was homosexual
  • The long-time accountant that did not “fit” when her firm noticed she was pregnant
  • The factory worker that did not “fit” when he was diagnosed with Parkinson’s disease

Discriminatory Ground and Advice from a Lawyer 

It is important to note that even if the discriminatory ground is only part of the reason you were fired that is enough to prove discrimination.

As you are likely aware, discrimination is often concealed or subtle and can be the consequence of unspoken beliefs and biases. You would be wise to seek the help of lawyer to help you prove that your termination for “fit” was in fact a veiled discriminatory practice of the employer and to make sure you were provided with the appropriate amount of notice.


  1. Leslie says:

    Hi on May 30 th of this year 2016 I was let go from my job that I had been employed at since March 24,2014. My Supervisor said I didn’t fit in and that I as of now 11:15 on that day was told to clean my personal belongings from my locker and leave. I had no warning or previous write ups or disciplinary actions at all. I was wondering if I could do anything about this The Supervisor of the housekeeping department told me I was being let go without cause. Either I fit in or I didn’t and according to her I didn’t

  2. Whitten & Lublin says:

    Hi Leslie,
    Thank you for you comment. Understanding your employment rights can be difficult and we appreciate you taking the time to reach out to us.
    We believe we can assist you with your situation. However, in order to properly assess your matter, when you have a moment, please call our office at 416-640-2667 to discuss in more details.
    We look forward to hearing from you.

    Whitten & Lublin PC

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