In a recent interview, IBM CEO Arvind Krishna told Bloomberg that he could “easily see” around 7,800 of the tech giant’s back-office roles replaced by AI and automation in five years.
Krishna’s comments come just months after the company eliminated approximately 3,900 jobs, or 1.5 per cent of its global workforce, in January.
READ MORE: Mass layoffs at Meta and Twitter: 3 key lessons for employees
With a growing number of employers looking to integrate AI into their operations, non-unionized workers across Canada are concerned about their job security.
The reality is that companies can fire staff and fill their positions with AI. This is known as a termination without cause.
Non-unionized employees can be let go for any reason, as long as they are provided full severance pay and the reasons for their dismissal aren’t discriminatory.
If your boss fires you and replaces your role with AI, here are four key rights that you need to be aware of.
1. You don’t have to accept a severance offer immediately
One thing many non-unionized workers in Canada believe is that they have to sign their employer’s severance offer as soon as possible. However, this isn’t true.
In my experience, companies often pressure staff to immediately accept offers that provide them with far less compensation than they are owed.
READ MORE: Law firm’s tool helps employees figure out how much severance they’re owed if fired
If you receive a severance offer from your boss, don’t sign anything before speaking with an experienced employment lawyer at Samfiru Tumarkin LLP. The company can’t force you to accept it before leaving a termination meeting or a few days after it was provided to you.
My firm can review your severance offer and help you secure proper compensation if it falls short of what is legally appropriate. You might be entitled to an enhanced severance package if AI and other technological advancements are making it harder to find a new job in your field.
As long as you didn’t sign the offer and return it to your employer, you legally have two years from the date of your dismissal to pursue full severance, which can be as much as 24 months’ pay.
READ MORE: What you need to know about wrongful dismissals
2. You don’t have to accept major changes to your job
Some jobs can’t be completely replaced by AI. Instead of firing you, your employer might offer you an alternate role assisting the technology.
However, non-unionized workers in Canada can refuse substantial changes to the terms of their employment. Major modifications, such as a demotion, shorter shifts or reduced pay, are illegal.
When significant adjustments are made to your job without your consent, there is a very good chance that you can treat it as a constructive dismissal. In this situation, the law allows you to resign and pursue full severance pay.
If you believe that you have been constructively dismissed, don’t quit your job before speaking with an experienced employment lawyer at Samfiru Tumarkin LLP.
READ MORE: Boss gave you an ultimatum? 4 key rights you have
One of the firm’s clients, a call centre agent, was informed by his manager that the company installed a new automated system to assist with inbound calls.
When he asked how this was going to affect his job, his boss told him that his shifts would be shorter by at least two hours.
Immediately after the conversation, the worker clearly stated in an email to his employer that he didn’t approve of the reduction in paid hours. Despite his objection, the company went ahead with the change.
While he was extremely tempted to resign on the spot, he remained calm and contacted Samfiru Tumarkin LLP.
Since a major modification was made to the terms of his employment without his consent, our lawyers were able to help the call centre agent obtain full severance pay through a constructive dismissal claim.
3. Your employer can’t pressure or force you to quit
It doesn’t matter if your boss believes that AI would be a better fit for your position – the company can’t pressure or force you to resign.
If your employer is encouraging you to step down, document their attempts. Keep any letters, emails or text messages that show how the company is pressuring you to quit.
READ MORE: 5 things your employer can’t legally do in Canada, according to an employment lawyer
Unfortunately, pressure from management can be so intense in some cases that non-unionized employees don’t feel they have any other option than to resign.
If you are forced to quit your job for any reason, contact an experienced employment lawyer at Samfiru Tumarkin LLP.
In addition to severance pay, you could be owed compensation for any damages associated with the end of your employment.
4. Your employer can’t use AI to get out of its duty to accommodate
While companies such as IBM aren’t headquartered in Canada, they have to adhere to Canadian laws and employment standards legislation.
If you can’t perform your job duties due to a physical or psychological disability, religious reasons or other constraints, your employer is legally obligated to assist you. This is known as their duty to accommodate.
The goal is to ensure that you can continue to work despite your disability. Replacing you with AI wouldn’t be acceptable.
READ MORE: 5 things every employee should know about long-term disability and how to get benefits
If your employer hasn’t properly fulfilled their duty to accommodate, contact my firm immediately. We can review your situation and help you enforce your workplace and human rights.
Let us fight for you
With AI continuing to evolve at a rapid pace, it’s crucial for non-unionized employees in Canada to understand their rights.
If you are fired or let go for any reason, or believe that your human rights have been violated, contact the experienced employment law team at Samfiru Tumarkin LLP.
READ MORE: 5 of the most common work situations where getting an employment lawyer can help
My firm has helped tens of thousands of non-unionized individuals in Ontario, Alberta and British Columbia secure the compensation they deserve.
Lost your job? Boss pressuring you to accept a severance offer 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 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.