A troubling case that my team recently resolved involved an office manager in Richmond who was suddenly demoted to the position of office clerk.
The individual received an email from her employer—informing her that her role had been eliminated as part of an “organizational restructuring.”
Shocked by the update, the office manager clearly stated in her response that she didn’t approve of the demotion.
Despite her objection, the company refused to reverse the change—claiming in a second email that her employment contract gave them the right to do so.
For a moment, the office manager considered lashing out at her employer and resigning. Instead, she took a deep breath and contacted Samfiru Tumarkin LLP as soon as she got home.
After reviewing her employment contract, we informed the office manager that the agreement didn’t contain a specific clause allowing her employer to demote her.
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As a result, we were able to secure a comprehensive severance package for our client through a constructive dismissal claim.
READ MORE: Tech exec’s severance victory: Turning termination into triumph
The last thing British Columbians want to be told after working tirelessly to climb the corporate ladder is that they’re being demoted.
If this happens to you, here are three mistakes to avoid at all costs.
1. Don’t quit your job
Following a demotion, it can be extremely tempting to do something drastic in the heat of the moment, such as resign.
However, quitting your job without consulting an employment lawyer is one of the worst things non-unionized workers in B.C. can do in this situation.
Not only could you unintentionally forfeit your right to a severance package, but you won’t be able to access employment insurance benefits—making it harder to support yourself financially as you look for new work.
READ MORE: 5 things employees should never do before talking to an employment lawyer
Your best course of action is to do what the office manager did: remain calm and contact my firm. We can verify if you have grounds for a constructive dismissal claim and help you secure the compensation you deserve.
2. Don’t let time pass before rejecting the demotion
Immediately after you’re notified of the demotion, make it clear in a letter, email or text message to your employer that you don’t consent to the change.
Dragging your feet on this can have dire consequences. If you wait too long to object to the demotion, or continue working after it’s implemented, the company could argue that you were fine with their decision.
3. Don’t challenge your employer on your own
While it might seem like a good idea to fight the demotion by yourself, the experienced employment law team at Samfiru Tumarkin LLP has a proven track record of securing the compensation individuals are legally entitled to—not a dollar less.
Since 2007, my firm has helped tens of thousands of non-unionized employees in B.C. quickly and effectively resolve their workplace issues.
READ MORE: 5 ways the Pocket Employment Lawyer can unlock your workplace rights
Our goal is to deliver the results that matter to you. We’ve structured our fees to be as transparent, fair and accessible as possible.
Were unwanted changes made to your job? Not sure if you’ve been constructively dismissed?
Contact the firm or call 1-855-821-5900 for a consultation with an employment lawyer. Get you 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.