Instead of waiting for the right talent to show up, many employers in Ontario actively recruit non-unionized workers from other companies.
When businesses take documented steps to pull Ontarians away from their current employer, this is known as “inducement.”
While it can be flattering when another company is interested in you, most individuals aren’t aware of their rights in this situation.
READ MORE: The ‘big 5’ workplace rights most often overlooked by employees
Here are three key rights that non-unionized employees in Ontario need to be aware of if they are being induced.
1. You don’t have to sign a new employment contract immediately
If you are interested in working for the company that is trying to recruit you, and they provide you with a job offer, don’t sign anything before speaking with an experienced employment lawyer at Samfiru Tumarkin LLP.
Employers in the province can’t legally force non-unionized workers to accept an employment contract immediately or even a few days after it was provided to them.
In some cases, businesses add clauses that allow them to limit an employee’s severance package to a few weeks’ pay or make significant adjustments to an individual’s job.
We can review the agreement and make sure that your workplace rights are properly protected.
2. Your boss can’t punish you if you receive a job offer from another company
While your employer might be upset that another business is trying to poach you, the company can’t punish you by making substantial changes to your job.
Major modifications, such as a demotion, workload increase or pay cut, are illegal in Ontario.
If significant adjustments are made to the terms of your employment 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: Dealing with a bad boss? 3 things you should do
However, you shouldn’t quit your job before speaking with my firm. We can confirm that you were constructively dismissed and advise you of your legal options.
3. Inducement affects your severance entitlements
If you decide to work for the company that is trying to recruit you, and you are fired or let go shortly after joining the business, contact the experienced employment law team at Samfiru Tumarkin LLP before accepting a severance offer.
My firm has helped thousands of non-unionized employees in Ontario resolve their workplace issues.
We can determine if the inducement has been properly factored into your severance package and help you secure the compensation you deserve if it wasn’t.
READ MORE: 5 of the most common work situations where getting an employment lawyer can help
One of my clients, a marketing manager in Toronto, received a job offer from her employer’s biggest competitor, which included a significant raise and additional vacation days.
Nervous about leaving the company after 13 years of service, she ultimately decided to accept the rival’s offer.
A year later, she received a phone call from her new boss – informing her that she was being let go as part of a “company-wide restructuring.”
When she reviewed her severance offer, she noticed that she was only entitled to compensation based on one year of service.
Confident that she was owed more severance, she didn’t sign the offer and contacted Samfiru Tumarkin LLP.
READ MORE: 5 ways to determine if your severance package is fair
As I examined her severance package, it quickly became clear that the inducement wasn’t taken into consideration.
Since she was induced after 13 years with her previous employer, her new boss was supposed to calculate her severance entitlements based on 14 years of service – rather than the one year that she worked for the company.
After bringing my findings to the manager’s employer, I was able to secure an extremely favourable amount of compensation for the worker.
Received a job offer from another company? Being pressured to accept it 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.