With retirement on the horizon for many Canadians, employers are ramping up their efforts to retain older, non-unionized workers to avoid talent shortages.
According to a report by TD Economics, nearly 900,000 individuals are expected to leave their jobs in the next three years.
Ahead of the “retirement wave”, the bank claims a number of companies are already having trouble finding younger replacements with the right skills and experience.
READ MORE: Retiring small business owners looking to sell: 4 things employees need to know
The solution for some businesses is retirees. To entice them to rejoin the workforce, employers have begun to offer a variety of benefits, including flexible work schedules and increased support for health conditions.
If you are thinking about leaving retirement and returning to the world of work, here are four key rights you need to be aware of.
1. You don’t have to accept an employment contract immediately
Before starting a new job, or resuming the role you had before retiring, it’s very likely your employer will ask you to sign an employment contract.
In most cases, these agreements take away key protections that would otherwise be available to non-unionized employees in Canada.
Your boss might attempt to limit your severance package to a few weeks’ pay or add a clause that gives the company the ability to make substantial changes to your role.
READ MORE: Given a new employment contract? Review these key clauses, employment lawyer says
As soon as your employer provides you with an employment contract, don’t accept anything before speaking with an experienced employment lawyer at Samfiru Tumarkin LLP.
The company can’t force you to sign it immediately or a few days after receiving it.
We can review the agreement and ensure your rights are properly protected. In order for it to be legally valid, it must be accepted before you start working.
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2. You don’t have to accept major changes to your job
Shortly after retirees rejoin the workforce, it’s not uncommon for companies in Canada to make significant adjustments to their job.
Non-unionized workers can refuse major changes to the terms of their employment, such as a demotion, fewer shifts or reduced pay. These types of modifications are illegal.
READ MORE: The ‘big 5’ workplace rights most often overlooked by employees
When substantial adjustments are made to your job without your consent, and your employment contract doesn’t give your employer the right to do so, there is a good chance you can treat it as a constructive dismissal.
In this situation, the law allows you to resign and pursue full severance, which can be as much as 24 months’ pay.
However, you shouldn’t quit your job before an experienced employment lawyer at Samfiru Tumarkin LLP confirms you have been constructively dismissed.
READ MORE: 5 ways to determine if your severance package is fair
3. Your employer can’t pressure or force you to retire again
Even if you did retire in the past, your boss doesn’t have the right to pressure or force you to do so again.
In Canada, it’s illegal for non-unionized employees to be discriminated against based on protected aspects, including age, race and gender.
If your employer is pressuring you to retire, document their attempts. Keep any letters, emails or text messages that show how the company is influencing you to step down.
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Our firm can help you secure proper compensation through a constructive dismissal claim as well as a human rights complaint.
4. You can’t be fired for refusing to retire again
While employers in Canada can fire non-unionized workers for any reason, two conditions have to be met.
Staff must receive full severance pay and the reasons for their dismissal can’t be discriminatory. This is known as a termination without cause.
Since age is a protected aspect under provincial and federal human rights legislation, it would be discriminatory to fire a non-unionized employee for refusing to retire again.
READ MORE: Think you may lose your job? 5 quick facts about the termination process
It’s also illegal for your boss to terminate you for cause in this situation.
Considered the most severe punishment in a company’s arsenal, this type of dismissal is reserved for the worst kinds of workplace offences, such as assault, theft or serious insubordination.
Not only can your employer let you go without a severance package, you won’t be able to access employment insurance benefits.
However, to justify terminating you for cause, your boss must prove progressive disciplinary measures were applied and that a lesser penalty wouldn’t be suitable, which is very difficult to do.
In most cases, non-unionized employees don’t meet the conditions necessary for this type of dismissal and are entitled to severance pay.
Let us fight for you
If you are fired or let go for any reason, or believe your human rights have been violated, contact the experienced employment law team at Samfiru Tumarkin LLP.
We have helped tens of thousands of non-unionized individuals in Ontario, Alberta and B.C. enforce their workplace rights and secure the compensation they deserve.
READ MORE: 5 of the most common work situations where getting an employment lawyer can help
One of the firm’s clients, a senior sales manager who retired after 26 years of service, agreed to resume his old job duties when his former employer told him the company was experiencing “severe labour shortages.”
Roughly two years later, his manager sent him an email – giving him the green light to retire again since staffing levels had recovered.
However, the employee was happy to be back at the office and told his boss he wasn’t interested in retiring yet.
A few days after he sent his response, his employer informed him that he was being let go with a small amount of severance. During his termination meeting, his boss said he “should have retired again.”
READ MORE: 5 things your employer can’t legally do in Canada, according to an employment lawyer
Concerned the reason for his dismissal was discriminatory, he remained professional and contacted Samfiru Tumarkin LLP.
After reviewing his situation, our lawyers told the worker he was well within his rights to claim wrongful dismissal and file a human rights complaint.
As a result, we were able to secure a robust severance package for the former sales manager and additional damages for the discrimination he experienced at the end of his employment.
Lost your job? Being pressured to accept a new employment contract immediately?
Contact the firm or call 1-855-821-5900 to secure assistance from an employment lawyer in Ontario, Alberta and British Columbia. Get the advice you need — and the compensation you deserve.
Lior Samfiru and Stephen LeMesurier 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.