In my two decades as an employment lawyer, I have talked to countless individuals whose workplace rights have been violated, but the deadline to pursue justice has passed.
Had they been aware of the protections the legal system offers and contacted my firm, many could have gotten the compensation they were owed.
Many employees abandon their rights because they don’t realize that they deserve better treatment in the workplace, or in some cases, more severance if they are fired.
These are the top five ways you can preserve your employment rights and ensure that you get the proper compensation when your employer flouts workplace laws.
1. Don’t quit unless you want to
A true resignation occurs when an employee decides to quit of their own accord and pursue a job offer at another company or a career change.
Your employer can’t make you resign for any reason. It doesn’t matter if you’ve made a mistake at work, you aren’t hitting your sales target, you’re not the right fit for the position, or you’re too old or too young for the job.
A resignation forced by the company is recognized by our legal system as a termination — and potentially a human rights violation, depending on the circumstances. Through a constructive dismissal claim and help from my firm, you can get a full severance package, which can be as much as two years’ pay.
If you’re being forced to quit, record your employer’s attempts to make you resign and note your objections in writing, such as in an email. Then reach out to an employment lawyer at Samfiru Tumarkin LLP, who can help preserve your rights.
2. Don’t take one for the team
Most people think it’s best to go along with changes at work. If your employer wants to alter certain aspects of your job, for example, by instituting a pay cut, you may decide to accept it to keep your boss happy.
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Unfortunately, if you accept a change to your pay — or a shift in hours of work, work location or job title, or a temporary layoff — you may be giving your employer the right to do it again. You will have little legal recourse to stop your employer from doing it repeatedly.
The idea of taking one for the team also applies to enduring harassment in the workplace. No employee should endure harassment at work, and an employer must take all available steps to eradicate it.
Rather than make a concession solely for your employer’s gain or at the expense of your well-being, you can exercise your right to claim constructive dismissal through an employment lawyer at my firm and walk away with a full severance package.
READ MORE: 5 of the most common work situations where getting an employment lawyer can help
3. Don’t lose touch with your employer while on a medical leave
It can be easy to let communication with your employer slide while you’re on a medical leave. Your main priority is your health; you don’t want to worry about your job while you focus on your recovery.
But I recommend reaching out to your employer occasionally to let them know your prognosis and when you hope to return to work. You may want to include a doctor’s note that confirms this information, although you don’t have to share your diagnosis. If you don’t keep your employer informed about your status, some companies will assume that you have resigned.
While it’s illegal to terminate an employee because they are ill or have taken a medical leave of absence, I tell clients that it’s often easier to reach out a few times than to return to work only to find that your job is not waiting for you.
4. If you lose your job, don’t file a complaint with the Ministry of Labour
You might think that the Ministry of Labour in Ontario or Employment Standards in Alberta or B.C. is your best resource if you lose your job. These provincial bodies, however, can only get you the minimum amount of severance pay you are owed, which often amounts to a few weeks’ pay, or a small percentage of the full entitlements you could receive by going through the legal system.
Through our experience handling tens of thousands of termination cases, my firm has found that the difference between what a provincial body and a court will award can be tens of thousands of dollars.
In some jurisdictions, once you enlist the government’s help in obtaining your minimum severance pay, you legally forfeit your right to have an employment lawyer acquire a full package for you.
READ MORE: The 5 facts you need to know about severance pay, according to an employment lawyer
5. Don’t sign a new employment contract without having it reviewed
Employment contracts usually contain details about your relationship with your employer, including position, pay and benefits. They may also contain clauses that seek to reduce the amount of compensation you can receive when you are let go.
If you are asked to sign a new employment agreement at any point during the working relationship, you are not legally obligated to accept it — especially if it aims to reduce some of your rights. If you do agree to it, you must receive a benefit, such as a bonus or promotion, for it to be valid.
READ MORE: What you need to know before you sign a contract — even if your employer asks you to
Have you been let go from your job? Are you trying to properly calculate the amount of severance pay owed to you?
Contact the firm or call 1-855-821-5900 to secure assistance from an employment lawyer in Ontario, British Columbia or Alberta. Get the advice you need — and the compensation you deserve.
Lior Samfiru is an employment lawyer and partner at Samfiru Tumarkin LLP, Canada’s most positively reviewed law firm specializing in employment law and long-term disability claims. He provides free advice as the host of Canada’s only Employment Law Show on TV and radio.