After working hard to climb the corporate ladder, the last thing Ontarians want to be told is that they are being demoted.
In many cases, non-unionized employees won’t challenge a demotion – believing that their company has the right to alter their job duties, responsibilities or authority.
The reality is that workers in the province can refuse substantial changes to the terms of their employment.
When major modifications are made to your job without your consent, it’s very likely that 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.
READ MORE: The ‘big 5’ workplace rights most often overlooked by employees
Unfortunately, many Ontarians aren’t aware of their right to severance when they are constructively dismissed – putting them at risk of not receiving the compensation they are owed.
If your employer demotes you without your approval, here are three things you shouldn’t do.
1. Don’t do anything drastic
After learning that unwanted changes have been made to your job duties, responsibilities or authority, it can be extremely tempting to do something drastic in the heat of the moment, such as quit your job.
However, resigning without consulting an employment lawyer is one of the worst things you can do in this situation.
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Not only could you unintentionally forfeit 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 look for new work.
READ MORE: 5 things employees should never do before talking to an employment lawyer
Remaining calm is crucial. Getting angry or doing something to negatively affect the company could also put your right to severance at risk.
Following the conversation with your boss about the demotion, continue to be professional and contact Samfiru Tumarkin LLP.
We can inform you of your legal options based on the changes made to the terms of your employment.
2. Don’t let time pass before rejecting the demotion
Immediately after your employer informs you of the demotion, reject any modifications to your job in writing.
Clearly state in a letter, email or text message to your boss that you don’t consent to the changes.
READ MORE: Boss gave you an ultimatum? 4 key rights you have
If you wait too long to object to the demotion, or continue working after it’s implemented, the company could argue that you were fine with it.
3. Don’t sign a new employment contract immediately
It’s not uncommon for non-unionized employees in Ontario to be demoted shortly after signing a new employment contract.
In my experience, employers usually add a clause that gives them permission to modify an individual’s job duties, responsibilities or authority.
If you receive a new agreement from your boss, don’t accept anything before speaking with my firm. The company can’t legally force you to sign it immediately or a few days after it was provided to you.
READ MORE: Given a new employment contract? Review these key clauses, employment lawyer says
We can review the contract and make sure that your workplace rights are properly protected.
Let us fight for you
When substantial changes are made to a non-unionized worker’s job without their consent, it can have a profound impact on their mental and financial health.
If you refused major modifications to the terms of your employment, and management proceeded with them anyway, contact the experienced employment law team at Samfiru Tumarkin LLP.
We have helped thousands of non-unionized employees in Ontario enforce their rights and secure the compensation that they are legally entitled to.
READ MORE: 5 of the most common work situations where getting an employment lawyer can help
One of my clients, a sales manager in Vaughan, was informed by his boss during a phone call that he was being demoted to an associate position as part of a ”company-wide restructuring.”
Immediately after the call, he clearly stated in an email to his employer that he didn’t approve of the demotion.
Despite his objection, the company went ahead with it – claiming that the new employment contract he recently signed gave them the right to do so.
While he was extremely tempted to quit his job on the spot, he remained calm and contacted Samfiru Tumarkin LLP.
After reviewing his employment contract, I didn’t find a clause that gave his employer the ability to modify his job duties, responsibilities or authority without his consent.
READ MORE: Dealing with a bad boss? 3 things you should do
As a result, I was able to secure full severance pay for the manager through a constructive dismissal claim.
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 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.