In Ontario, non-unionized employees can’t be punished for asserting their workplace rights.
If an employer penalizes, or threatens to penalize, a worker for doing so, this is known as a reprisal.
Unfortunately, many Ontarians aren’t aware of the rights that they have in this situation – putting them at risk of not receiving the compensation they are owed.
READ MORE: The ‘big 5’ workplace rights most often overlooked by employees
If you experience a reprisal at work, remain calm. Here are three key rights that you need to be aware of.
1. You don’t have to accept major modifications to your job
One of my clients, a marketing manager in Ottawa, sent her boss an email – requesting the overtime pay that she had accrued.
The response she received from her employer caught her completely off guard. She was told that she was being demoted to an assistant position, effective immediately.
Non-unionized workers in Ontario don’t have to accept significant adjustments to the terms of their employment. Major modifications, such as a demotion, workload increase or pay cut, are illegal in the province.
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If substantial changes are made to your job without your consent, there is a very good chance that you can treat it as a constructive dismissal.
In this situation, the law allows you to resign and pursue full severance, which can be as much as 24 months’ pay.
READ MORE: 5 things employees should never do before talking to an employment lawyer
However, you shouldn’t quit your job until an experienced employment lawyer at Samfiru Tumarkin LLP confirms that you have been constructively dismissed.
2. Your boss can’t pressure or force you to resign
To get rid of “squeaky wheels” or staff that are rocking the boat too much, some employers in Ontario try to persuade these individuals to quit.
If your boss is pressuring you to resign after asserting your workplace rights, document their attempts. Keep any letters, emails or text messages that show how the company is influencing you to step down.
Once you have gathered all of the relevant documents, don’t quit your job before contacting my firm. We can determine if you have grounds for a constructive dismissal claim.
READ MORE: Dealing with a bad boss? 3 things you should do
If you were forced to resign for any reason, it’s crucial that you seek legal counsel immediately.
Not only could you be entitled to a severance package, but also compensation for any damages associated with the end of your employment.
3. You can’t be fired “for cause”
In Ontario, there are various pieces of legislation that protect non-unionized employees from reprisals.
If you assert your workplace rights, it would be extremely inappropriate, and illegal, for your employer to fire you for cause.
READ MORE: Fired for no reason? Employment lawyer explains why your employer can do that
Considered the harshest punishment in a company’s arsenal, your boss doesn’t have to provide you with a severance package and you can’t access employment insurance benefits.
However, this type of dismissal is reserved for the worst workplace offences, such as serious insubordination, theft or assault.
In my experience, non-unionized employees rarely meet the conditions necessary to justify a termination for cause and are often entitled to severance pay.
Let us fight for you
If you were punished for asserting your workplace rights, or your employer threatened to punish you for doing so, contact the experienced employment law team at Samfiru Tumarkin LLP.
My firm has successfully represented tens of thousands of non-unionized employees in Ontario.
READ MORE: 5 of the most common work situations where getting an employment lawyer can help
We can review your situation, assess your legal options and help you secure the compensation that you are legally entitled to.
Punished for asserting your workplace rights? Boss pressuring you to resign?
Contact the firm or call 1-855-821-5900 to secure assistance from an employment lawyer in Ontario, Alberta and British Columbia. Get the advice you need — and the compensation you deserve.
Lior Samfiru is an employment lawyer and co-founding partner at Samfiru Tumarkin LLP, Canada’s most positively reviewed law firm specializing in employment law and long-term disability claims. He provides legal insight on Canada’s only Employment Law Show on TV and radio.