I started a new job and I called in sick today, four hours before my scheduled shift. My employer told me over the phone ‘you don’t sound sick’ despite me struggling to speak between my congestion and sore throat. Can I be fired for calling in sick? Is it legal for my employer to make a statement like that?

Thank you for your question. My name is Jon Pinkus and I am an employment lawyer with Samfiru Tumarkin LLP.

If your employer terminated your employment due to illness, that is a wrongful dismissal and a human rights violation. Make sure you document this in writing. Send a letter or an email to your employer right away explaining that you are sick, and memorialize your conversation by referencing the fact that you were told you don’t “sound” sick. If your employment is terminated, please contact me at Jon.pinkus@stlawyers.ca.