Understanding your employment rights is crucial. In my experience as an employment lawyer, however, I’ve found that many workers across the country aren’t aware of important protections that they are entitled to.
Here are what I call the big five: the major workplace rights that are most commonly overlooked or misunderstood by non-unionized employees.
1. You have the right to full severance pay if you are fired
If you are fired without cause or lose your job, you could be owed up to 24 months of severance pay. Compensation is calculated using a number of factors, including age, position, length of service and your ability to find new work.
A common misconception about severance pay is that it’s one or two weeks’ pay, or a week for every year of service an employee has with the company. But this formula might only cover the minimum amount you are owed under provincial legislation.
My firm’s Severance Pay Calculator is a free online tool that can help you determine how much compensation you are entitled to. If your company’s offer falls short of what is appropriate, you have been wrongfully dismissed and should file a claim to ensure you receive what you are owed.
2. You have the right to a workplace free of harassment and discrimination
If you are being bullied or harassed at work, your employer is legally obligated to put a stop to it and ensure a safe workplace. It is illegal for employees to be discriminated against based on protected aspects, including age, race, gender and religion.
Companies should have a policy that outlines who staff can speak to if they experience discrimination or harassment in the workplace. It’s also a good idea to provide your employer with a written statement that clearly explains what’s happening, who is mistreating you and what you want to change.
READ MORE: 5 of the most common work situations where getting an employment lawyer can help
If you tell your company that you are being harassed and they don’t do anything, or if they are harassing you and you can’t deal with it internally, an employment lawyer can help you explore your legal options.
You might have a claim for constructive dismissal, which means you could quit your job and still receive severance pay.
3. You have the right to your same job when returning from parental leave
Your employer can’t make significant changes to your job because you went on parental leave. You are entitled to the same job and pay that you had prior to leaving.
If your company increased the pay for your position while you were away, they must give you the new amount. If you receive anything less than the new, higher amount, it is a violation of your workplace and human rights.
READ MORE: 5 of the most common employer mistakes — and what employees can do about them
Major changes to your employment without your consent can be treated as a termination of your relationship with the company. An employment lawyer can help you pursue a constructive dismissal claim to ensure you receive proper severance.
4. You have the right to refuse a new employment contract from your current employer
Your current employer can’t legally force you to sign a new employment contract. While many employees believe that they need to sign to protect themselves, these agreements almost always benefit the company instead.
An employment contract often takes away protections that would otherwise be available to you. Companies may attempt to limit your severance package to a few weeks’ pay, or add a clause that gives them the ability to cut your pay or put you on a layoff without penalty in the future.
READ MORE: Given a new employment contract? Review these key clauses, employment lawyer says
If you are presented with a new employment contract by your current employer, you don’t need to sign it immediately. Take your time and carefully review it. You can also seek legal counsel if you’re unsure about what you are signing.
5. You have the right to be accommodated at work if you have a disability or illness
If you can’t do your job due to a disability, whether physical or psychological, or because of religious reasons, childcare and other constraints, your employer must assist you.
As part of their duty to accommodate, companies might have to change an employee’s job requirements, provide someone to help the individual perform their duties or make adjustments to the shift itself.
READ MORE: 5 things every employee should know about long-term disability and how to get benefits
If your employer doesn’t provide reasonable accommodations, you could file a human rights complaint and constructive dismissal claim.
An employment lawyer can help you enforce your workplace rights
Your employer can’t prevent you from seeking legal counsel at any stage of your employment, including when you are fired.
An experienced team of employment lawyers, like the one at Samfiru Tumarkin LLP, can review your situation and help you understand the full extent of your workplace rights.
Have you been fired or are you experiencing workplace issues? Not sure what your rights are as an employee?
Contact the firm or call 1-855-821-5900 to secure assistance from an employment lawyer in Ontario, Alberta or 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 free advice as the host of Canada’s only Employment Law Show on TV and radio.