For many Ontarians, it can come as quite a shock when their employer encourages them to retire.
In most cases, non-unionized employees don’t think much of it – believing that their boss has the right to do so.
The reality is that it’s illegal for companies to pressure or force workers in the province to retire.
READ MORE: Employers enticing older Canadians to exit retirement: 4 key rights you have
If your boss is encouraging you to step down, and you don’t want to, here are three key rights that you need to be aware of.
1. You don’t have to accept major modifications to your job
After refusing to retire, several of my clients received a phone call from their employer – informing them that substantial changes would be made to their job as punishment.
In Ontario, non-unionized workers don’t have to accept major modifications to the terms of their employment. Significant adjustments, such as a demotion, workload increase or pay cut, are illegal in the province.
If substantial changes 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, which can be as much as 24 months’ pay.
READ MORE: 5 things employees should never do before talking to an employment lawyer
However, you shouldn’t quit your job before speaking with an experienced employment lawyer at Samfiru Tumarkin LLP.
We can confirm that you were constructively dismissed, assess your legal options and help you secure the compensation you are owed.
2. Your boss can’t pressure or force you to quit your job
In some cases, employers in Ontario try to persuade non-unionized workers to resign if they are getting nowhere with retirement.
If your boss is encouraging you to quit your job, document their attempts. Keep any letters, emails or text messages that show how the company is pressuring you to step down.
Once you have gathered all of the relevant documents, don’t resign before contacting my firm. We can determine if you have grounds for a constructive dismissal claim.
READ MORE: Dealing with a bad boss? 3 things you should do
If you were forced to quit your job for any reason, it’s crucial that you seek legal counsel immediately.
Not only could you be entitled to a severance package, but also compensation for any damages associated with the end of your employment.
3. Your boss can’t fire you for refusing to retire
While employers in Ontario 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 for your boss to fire you for refusing to retire – making the termination illegal.
READ MORE: Fired because of your age? 3 things employees must do
It would also be extremely inappropriate, and illegal, for your company to terminate you for cause in this situation.
Considered the “capital punishment” of employment law, your employer doesn’t have to provide you with a severance package and you can’t access employment insurance benefits.
However, this type of dismissal is reserved for the worst kinds of workplace offences, such as assault, theft or serious insubordination.
In my experience, non-unionized employees rarely meet the conditions necessary to justify a termination for cause and are often entitled to severance pay.
Let us fight for you
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.
We have helped tens of thousands of non-unionized individuals in Ontario enforce their 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 my clients, a 64-year-old accounting clerk in Ottawa, received an email from her manager – encouraging her to retire after 27 years with the company.
Immediately after reading the message, she replied to the email. In her response, she made it clear that she wasn’t interested in retiring.
Three weeks later, she got a phone call from her boss – informing her that she was being let go with severance.
When she asked why this was happening during her termination meeting, her manager told her that she “should have retired.”
Confident that age was a factor in her dismissal, she printed off a copy of her email conversation with her boss and contacted Samfiru Tumarkin LLP.
After reviewing the email conversation, I informed the employee that she was well within her rights to claim wrongful dismissal and file a human rights complaint.
READ MORE: The ‘big 5’ workplace rights most often overlooked by employees
As a result, I was able to secure a comprehensive severance package for the accounting clerk and additional damages for the age-based discrimination that she experienced at the end of her employment.
Boss pressuring you to retire? Lost your job for refusing to do so?
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.