TD Bank using AI to improve workflow of several teams: Employee rights

What’s going on at TD Bank?

Toronto-Dominion (TD) Bank is testing out various uses of artificial intelligence (AI) to improve the workflow of several teams.

According to the Financial Post, Canada’s second-largest lender is using generative AI and machine learning to:

• Help customer service agents answer client questions faster
• Assist engineers with code development
• Speed up approval of mortgages, home equity lines of credit (HELOCs), and term life insurance

“We’re looking at all the ways [that] we can really help our colleagues,” Luke Gee, head of AI and analytics at TD, said in a statement.

“We’re excited about these human augmentation opportunities where we can make the roles more interesting and quicken up our response, which gives us better customer outcomes as well.”

Gee added that the bank is looking at other applications for AI across retail banking, direct investing, and insurance.

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Can my boss use AI to make major changes to my job?

While employers in Canada are generally able to make minor adjustments to a non-unionized worker’s job, substantial changes would require consent from the individual.

Exceptions: There are some situations where your boss might be able to alter the terms of your employment without breaching your rights:

• You signed an employment contract that gives the company permission to make changes to your job
• Your employer gave you reasonable notice of the modification

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.

• SEE ALSO: Can my employer ban the use of AI at work?

WATCH: Employment lawyer Lior Samfiru breaks down everything you need to know about changes to your job on an episode of the Employment Law Show.

In this situation, the law allows you to quit your job and pursue full severance pay.

However, you shouldn’t resign until an experienced employment lawyer at Samfiru Tumarkin LLP confirms that you have been constructively dismissed.

ADDITIONAL RESOURCES
• Changes to your job in Ontario: What employees need to know
• What Albertans need to know about changes to their job
• Changes to your employment in B.C.: Employee rights

How is severance pay calculated?

In Canada, severance for non-unionized employees can be as much as 24 months’ pay.

This includes individuals working full-time, part-time, or hourly in Ontario, Alberta, and B.C.

The amount of compensation you are entitled to is calculated using several factors, including:

To figure out how much money you should receive, use our firm’s free Severance Pay Calculator. It has helped millions of Canadians determine their entitlements.

If your company’s offer falls short of what our Severance Pay Calculator says you are owed, it’s very likely that you have been wrongfully dismissed and should take legal action.

We regularly resolve wrongful dismissal claims and can help you secure proper compensation.

LEARN MORE
• TD Layoffs and Employee Severance
• Rights to severance for federally regulated workers
• Severance for provincially regulated staff

My boss offered me an alternate role, do I have to accept it?

If your employer offers you an alternate role with the company, and you have a good reason for rejecting it (i.e. reduced pay or unfavourable conditions in the contract), you can still receive full severance pay.

• Example: You are a customer services agent at TD. One day, you receive a phone call from the bank — informing you that your position is being replaced with AI. Instead of letting you go, TD offers you a job assisting the technology. While reviewing the alternate role, you notice that you will need to accept a 15 per cent reduction in pay. Since this is a substantial change to the terms of your employment, you would be able to refuse the offer and still receive full severance pay.

Even without a good reason for rejecting your employer’s offer, you can still pursue your minimum entitlements at the end of your employment.

SEE ALSO
• Employment Law Show: Things to never do before seeking legal counsel
• Employment Law Show: Mistakes employers make in Canada

My boss is pressuring me to quit after refusing the alternate role they offered, what should I do?

No matter how upset your employer is that you rejected the alternate role they offered, the company can’t pressure or force you to resign.

If your boss is encouraging you to step down, document their attempts. Keep any letters, emails, or text messages that show how the company is pressuring you to quit your job.

Once you have gathered all of the relevant documents, don’t resign before contacting an experienced employment lawyer at Samfiru Tumarkin LLP.

We can tell you if you have grounds for constructive dismissal claim.

Already resigned?

If you were forced to quit your job for any reason, reach out to our firm as soon as possible.

In addition to severance pay, you could be owed compensation for any damages associated with the end of your employment.

LEARN MORE
• Employment Law Show: Facts about forced resignations
• Employment Law Show: What your employer legally can’t do
• Employment Law Show: Situations that trigger legal disputes

Can my boss fire me for refusing the alternate role they offered?

The short answer is yes. Employers in Canada can fire non-unionized workers if they reject an alternate role with the company.

This is known as a termination without cause. You can be let go for any reason, as long as:

• You are provided full severance pay
• The reasons for your dismissal aren’t discriminatory

However, it’s very unlikely that your boss would be able to fire you for cause in this situation — meaning no severance package or access to Employment Insurance (EI) benefits.

Considered the harshest punishment in a company’s arsenal, it’s reserved for the worst workplace transgressions, such as blatant disobedience, theft, or assault.

To justify terminating you for cause, your employer must prove progressive disciplinary measures were applied and that a lesser penalty wouldn’t be suitable, which is very difficult to do.

In our experience, most non-unionized employees don’t meet the conditions necessary for this type of dismissal and are entitled to severance pay.

SEE ALSO
• Can I be fired and replaced with AI?
• Do I have to look for a new job after getting fired?
• Employment Law Show: Facts about the termination process

Lost your job? Talk to an employment lawyer

If you were fired or let go for rejecting an alternate role at your company, or for any reason, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Ontario, Alberta, and B.C. have helped tens of thousands of non-unionized individuals resolve their workplace issues.

We can review your situation, enforce your rights, and ensure that you receive the compensation you are owed.