For most Albertans, participating in performance reviews is part of the job. These assessments give employers a chance to highlight what a worker is doing well and where they can improve.
However, several of our clients were stunned when their boss fired them after a “bad” performance review or for failing to meet the goals outlined in the company’s Performance Improvement Plan (PIP).
They were told that they weren’t entitled to severance pay because they were being terminated due to “poor job performance.”
In Alberta, non-unionized employees are often owed full severance when they are fired or let go, which can be as much as 24 months’ pay.
READ MORE: 5 ways to determine if your severance package is fair
If you are dismissed after a performance review, or for failing your employer’s PIP, here are four things you need to be aware of.
1. Your employer can’t automatically fire you “for cause”
It’s not uncommon for companies to use a PIP to justify firing staff for cause. Employers will argue that workers shouldn’t receive severance pay because they didn’t complete the PIP successfully.
However, this type of dismissal is considered the “capital punishment” of employment law. It’s reserved for the worst kinds of workplace offences, such as serious insubordination, theft or assault.
Not only can your company let you go without a severance package, it also prevents you from accessing employment insurance benefits.
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READ MORE: Think you may lose your job? 5 quick facts about the termination process
If you are fired for cause after failing your employer’s PIP, it’s very likely that you are still entitled to severance pay.
Your company must prove progressive disciplinary measures were applied and that a less severe punishment wouldn’t be acceptable, which is very difficult to do.
Since every employment matter is unique, it’s important to contact an experienced employment lawyer at Samfiru Tumarkin LLP as soon as possible.
We can determine if this type of dismissal was appropriate in your situation and help you secure the compensation you are owed if it wasn’t.
2. Negative performance reviews don’t affect severance pay
Unless your employer can justify firing you for cause, you are still owed full severance pay if you are terminated after a negative performance review.
The amount of compensation non-unionized employees in Alberta are entitled to is calculated using several factors, including age, length of service, position at the company and their ability to find new work.
READ MORE: Law firm’s free tool helps employees figure out how much severance they’re owed if fired
One of the firm’s clients, a senior data analyst, was dismissed without cause shortly after a negative performance review with her boss.
When she examined her severance offer, she was confident that the amount was significantly lower than what she was entitled to and contacted her employer.
The company told her that two weeks of severance pay had been removed from her package because of her negative performance review.
Since the employer’s offer fell short of what was legally appropriate, Samfiru Tumarkin LLP was able to help the former data analyst obtain full severance through a wrongful dismissal claim.
3. Your employer can’t make major changes to your job
A poor performance review or failing your company’s PIP doesn’t always end in termination. Instead of firing you, your employer might consider making significant adjustments to your job.
In Alberta, non-unionized workers don’t have to accept negative changes to their employment, such as reduced pay or a demotion. These types of modifications are illegal.
READ MORE: The ‘big 5’ workplace rights most often overlooked by employees
If your boss makes substantial adjustments to your job without your consent, it’s very likely that you could treat it as a constructive dismissal. The law allows you to resign and pursue full severance pay.
However, you shouldn’t quit your job before speaking with an experienced employment lawyer at Samfiru Tumarkin LLP.
We can confirm that you have been constructively dismissed, assess your legal options and ensure you receive the compensation you are owed.
4. Your employer can’t pressure or force you to quit
No matter how disappointed your boss is with your job performance, they can’t pressure or force you to resign.
If your employer is influencing you to step down, document their attempts. Keep any letters, emails or text messages that show how your company is pressuring you to quit.
READ MORE: Dealing with a bad boss? 3 things you should do
In the event that you are forced to resign after a negative performance review, you can treat the move as a constructive dismissal and pursue full severance pay.
Let an employment lawyer fight for you
If you are fired or let go for any reason, contact an experienced employment lawyer at Samfiru Tumarkin LLP.
Our firm has helped numerous non-unionized individuals across Alberta resolve their workplace issues.
READ MORE: 5 of the most common work situations where getting an employment lawyer can help
We can review your situation, enforce your rights and ensure that you receive the compensation you are legally entitled to.
Fired after a performance review? Boss refuses to provide you with severance pay?
Contact the firm or call 1-855-821-5900 to secure assistance from an employment lawyer in Alberta, British Columbia or Ontario. Get the advice you need — and the compensation you deserve.
Lior Samfiru and Karishma Patel are employment lawyers at Samfiru Tumarkin LLP, Canada’s most positively reviewed law firm specializing in employment law and long-term disability claims. The firm provides free advice through Canada’s only Employment Law Show on TV and radio.