In Ontario, it’s illegal for employers to pressure or force non-unionized workers to quit their jobs.
Unfortunately, many Ontarians aren’t aware of this right. After being encouraged to step down, some individuals do – convinced that it’s better to resign than to be fired or let go.
However, the opposite is often true. If you quit your job voluntarily, your company doesn’t have to provide you with a severance package, which can be as much as 24 months’ pay.
In addition to severance, 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
If your boss is pressuring you to resign, and you don’t want to, here are three things you need to do.
1. Document your employer’s attempts
It’s not uncommon for employers in Ontario to persuade non-unionized workers to step down in person or over the phone.
If your boss is verbally pressuring you to resign, clearly state in a letter, email or text message that you aren’t interested in quitting.
Once you have documents proving that the company is encouraging you to step down, contact an experienced employment lawyer at Samfiru Tumarkin LLP.
We can help you determine if you have grounds for a constructive dismissal claim, which would allow you to quit your job and pursue full severance pay.
READ MORE: 5 ways to determine if your severance package is fair
If pressure from management became too much for you to bear, and you did resign, reach out to our firm immediately.
Not only could you be entitled to a severance package, but also compensation for any damages associated with the end of your employment.
2. Remain calm and professional
After being asked to step down, several of our clients were tempted to lash out at their boss.
While it can be a difficult conversation to have with your employer, remaining calm is one of the best things you can do in this situation.
READ MORE: Dealing with a bad boss? 3 things you should do
Getting angry or doing something to negatively affect the company could put your right to severance at risk. Don’t give your boss a reason to deny you the compensation you deserve.
3. Contact us
If your employer is pressuring you to quit your job, or you were ultimately forced to do so, contact the experienced employment law team at Samfiru Tumarkin LLP.
Our lawyers have helped tens of thousands of non-unionized individuals in Ontario resolve their workplace issues.
We can review your situation, assess your legal options and ensure that you receive the compensation you are legally entitled to.
READ MORE: 5 of the most common work situations where getting an employment lawyer can help
One of the firm’s clients, a marketing assistant in Toronto, received an email from her manager – encouraging her to resign because there was “no further growth for her at the company.”
Immediately after reading the message, she responded to the email. In her response, she clearly stated that she wasn’t interested in quitting.
Two weeks later, the employee received another email from her boss. In this message, her manager “strongly recommended” that she resign by the end of the week because a “company-wide restructuring” was about to take place.
Confident that her boss couldn’t send these types of emails to her, she printed off the conversations and contacted Samfiru Tumarkin LLP.
After reviewing the messages, our lawyers informed the employee that she had grounds for a constructive dismissal claim.
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As a result, the marketing assistant was able to quit her job with full severance pay.
Boss pressuring you to resign? 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 and Jeremy Herman 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.