A demotion puts Ontarians in an extremely difficult position. If an individual challenges this change to their employment, they risk losing their job.
Non-unionized employees in the province can be fired for any reason, as long as they are provided full severance pay and the reasons for their dismissal aren’t discriminatory. This is known as a termination without cause.
READ MORE: Fired after asking for a promotion? Next steps for Ontarians
Unfortunately, many workers aren’t aware of their rights to severance when they are fired or let go—putting them at risk of receiving less compensation than they are owed.
If you were terminated after objecting to a demotion, here are four things you need to do.
1. Remain calm and professional
After being fired, it can be tempting to lash out at your employer. However, your best course of action is to keep your cool.
Severance for non-unionized employees in Ontario can be as much as 24 months’ pay. Losing your temper or doing something to hurt the company could affect the amount of compensation you are legally entitled to.
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In some cases, employers try to get out of providing severance by claiming that they have grounds to fire staff for cause.
If this happened to you, contact an experienced employment lawyer at Samfiru Tumarkin LLP.
We can determine if this type of dismissal was appropriate in your situation and help you secure proper compensation if it wasn’t.
2. Review your severance offer before signing it
In my experience, Ontarians are often pressured to immediately accept severance offers that provide them with far less compensation than they deserve.
If you received a severance offer from your boss, don’t sign anything before speaking with my firm. The company can’t force you to accept it on the spot or a few days after it was provided to you.
READ MORE: 5 things employees should never do before talking to an employment lawyer
As long as you didn’t sign the offer and return it to your employer, you have two years from the date of your dismissal to pursue full severance pay.
3. Check your employment contract for a termination clause
Termination clauses can limit the amount of compensation that individuals are owed when they are fired or let go.
If the employment contract you signed does include this provision, all hope isn’t lost.
These agreements are rarely enforceable—failing to hold up in a court of law for various reasons.
4. Contact us
If you lost your job after challenging a demotion, or for any reason, contact the experienced employment law team at Samfiru Tumarkin LLP.
Since 2007, my firm has helped tens of thousands of non-unionized employees in Ontario enforce their rights and obtain 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 Toronto, received a phone call from her employer—informing her that she was being demoted to the position of sales associate as part of a “company-wide restructuring.”
After taking a moment to process the update, the individual politely objected to the demotion and asked her boss if “other options” could be considered.
Two hours later, the worker got another call from her employer. She was told that the company had decided to let her go instead.
When the manager asked about severance pay, her boss claimed she wasn’t entitled to any compensation due to the restructuring.
Confident that this was incorrect, she thanked her employer for the call and cleared her desk after hanging up. Once she got home, she immediately contacted Samfiru Tumarkin LLP.
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After reviewing her situation, I told the worker that she was well within her rights to pursue full severance pay through a wrongful dismissal claim.
Given the strength of her case, I was able to secure a comprehensive severance package for my client.
Fired? Lost your job? Boss pressuring you to accept a severance offer immediately?
Contact the firm or call 1-855-821-5900 for a consultation with an employment or disability lawyer. We will get you 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 legal insight on Canada’s only Employment Law Show on TV and radio.