When Canadians are hired by a business, many believe that their employment is secure because they were specifically selected by the employer.
However, the unfortunate reality is that the workplace relationship can shift, sometimes drastically and unexpectedly.
Over the years, I’ve worked with several clients who learned that their company was hiring for their position while they were still actively performing the duties of their job. Some were fired before their replacement started, while others were offered an alternate role at the business.
In Canada, employers can let non-unionized workers go for any reason, as long as they are provided full severance pay and the reasons for their dismissal aren’t discriminatory. This is legally referred to as a termination without cause.
READ MORE: 5 things your employer can’t legally do in Canada, according to an employment lawyer
If you learn that your employer is hiring for your position while you are still actively working for the company, don’t panic. Here are three key rights you need to be aware of.
1. Your boss can’t make major changes to your job or force you to quit
It’s not always the end of the road when your employer finds the ideal candidate to fill your position. Instead of firing you, you might be offered an alternate role at the company.
However, non-unionized employees in Canada don’t have to accept significant changes to their job. Large modifications, such as a demotion, longer shifts or reduced pay, are illegal.
My firm has represented many clients who were offered new roles at their company after being told that they were being replaced by someone new. A handful of employees were even instructed to train their replacement.
Since their employers made substantial changes to their jobs without their consent, they were able to resign and obtain full severance pay through a constructive dismissal claim.
READ MORE: The ‘big 5’ workplace rights most often overlooked by employees
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If you believe that you have been constructively dismissed, don’t quit your job until you speak with an experienced employment lawyer, like the ones at Samfiru Tumarkin LLP.
We can review your situation, assess your legal options and help you get what you are owed.
It’s also important to understand that your boss can’t pressure or force you to quit your job – even if the company believes that someone else is a better fit for your position.
If you are being pressured to resign, make sure you document your employer’s attempts. Keep any letters, emails, and text messages that show how your company is influencing you to step down.
If you are forced to quit your job for any reason, you can treat the move as a constructive dismissal and pursue full severance pay.
READ MORE: 5 ways to determine if your severance package is fair
In addition to severance, you could be owed additional compensation for any damages associated with the end of your employment. My firm can help you determine how much you could be entitled to.
2. You can’t be fired “for cause”
It’s very unlikely that your employer would be able to fire you for cause if they choose to replace you, or you refused to accept major changes to your job.
In Canada, termination for cause is reserved for the worst kinds of workplace offences, such as theft and assault.
This type of dismissal prevents non-unionized workers from receiving a severance package or accessing employment insurance benefits.
READ MORE: Think you may lose your job? 5 quick facts about the termination process
To justify firing you for cause, your employer would have to prove progressive disciplinary measures were applied and that a less severe punishment would be inappropriate.
If you are fired or let go for any reason, contact my firm immediately. Our employment lawyers can help you enforce your workplace rights and ensure that you receive the compensation you deserve.
3. You are owed compensation if your boss ends your contract early
If you are working on a fixed-term contract, and your employer replaces you before your contract expires, you are likely owed the balance of the agreement.
However, what you are specifically entitled to depends on the terms of your contract.
My firm can review the agreement, enforce your workplace rights and help you secure the money you are entitled to.
READ MORE: Severance pay for contractors: What to know and what to do if you think you’re an employee
If the person replacing you starts after your fixed-term contract expires, then the company doesn’t need to provide you with a severance package.
Let an employment lawyer fight for you
If your employer is hiring for your position while you are actively working for the company, contact an experienced employment lawyer, like the ones at Samfiru Tumarkin LLP.
My firm has helped tens of thousands of non-unionized individuals in Ontario, Alberta and B.C. resolve their workplace issues.
READ MORE: 5 of the most common work situations where getting an employment lawyer can help
Our employment lawyers will ensure that your rights are properly protected and help you secure the compensation you are owed.
Boss hiring for your position? Feeling forced to accept major changes to your job?
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.