When faced with a pay cut, many British Columbians won’t challenge their employer because they believe the company has the right to reduce their wages.
The reality is that non-unionized workers in the province don’t have to accept negative changes to their job. Major modifications, such as slashing an employee’s salary or commission, are illegal.
If your boss makes significant adjustments to the terms of your employment without your consent, the law allows you to resign and pursue full severance pay through a constructive dismissal claim.
READ MORE: The ‘big 5’ workplace rights most often overlooked by employees
However, you shouldn’t quit your job until an experienced employment lawyer at Samfiru Tumarkin LLP confirms that you have been constructively dismissed.
Here are three things non-unionized workers in B.C. need to do if their employer cuts their pay without their approval.
1. Continue to be respectful and professional
After learning that your salary or commission has been reduced, it can be tempting to do something drastic in the heat of the moment, such as quit your job. However, it’s crucial that you don’t resign before seeking legal counsel.
Not only could you unintentionally give up 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 line up a new job.
READ MORE: 5 things employees should never do before talking to an employment lawyer
Getting angry about the pay cut or doing something to negatively affect the company can also put your right to severance at risk. Don’t give your employer a reason to deny you the compensation you deserve.
Following the conversation with your boss about the change to your salary or commission, continue to be professional and contact an experienced employment lawyer at Samfiru Tumarkin LLP.
We can inform you of your legal options based on the size of the reduction.
READ MORE: 5 of the most common employer mistakes — and what employees can do about them
One of the firm’s clients, an automotive technician in Vancouver, was completely caught off guard when his boss told him that his salary had been cut by nearly 20 per cent due to “economic difficulties.”
While he wanted to resign immediately, he remained calm and contacted Samfiru Tumarkin LLP as soon as his shift ended.
Since the worker’s pay had been reduced by a substantial amount without his approval, our lawyers explained that he was well within his rights to claim constructive dismissal.
As a result, we were able to secure a comprehensive severance package for the automotive technician.
2. Object to the pay cut in writing
In many cases, non-unionized employees in B.C. are told in person or over the phone that their salary or commission is being reduced.
Shortly after you have been notified of the cut, clearly state in a letter, email or text message to your employer that you don’t consent to the change.
READ MORE: Boss gave you an ultimatum? 4 key rights you have
If you wait too long to object to the reduction, or continue working following the modification, the company could argue that you have accepted the new terms of employment.
By immediately rejecting the pay cut in writing, your employer won’t be able to claim that you were fine with the change.
3. Contact us
When major modifications are made to a non-unionized worker’s job without their consent, it can create a substantial amount of mental and financial distress.
If you refused negative changes to the terms of your employment, and your boss went ahead with them anyway, contact an experienced employment lawyer at Samfiru Tumarkin LLP.
READ MORE: 5 of the most common work situations where getting an employment lawyer can help
Our team has helped numerous non-unionized individuals across B.C. resolve their workplace issues.
We can review your situation, enforce your rights and ensure that you receive the compensation you are legally entitled to.
Boss made major changes to your job without your consent? Not sure if you’ve been constructively dismissed?
Contact the firm or call 1-855-821-5900 to secure assistance from an employment lawyer in British Columbia, Alberta and Ontario. Get the advice you need — and the compensation you deserve.
Lior Samfiru and Sandy Chen 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.