‘Career Cushioning’: What employees need to know

What is career cushioning?

Career cushioning is a workplace trend where individuals look for another job while they are actively working for their current employer.

The goal is to soften the potential blow of being fired or let go. By having a professional “Plan B”, non-unionized workers are able to minimize the amount of time that they are unemployed.

According to news outlets, including Business Insider, career cushioning is replacing the recent trend of “quiet quitting” as concerns about job security continue to rise in the wake of ongoing layoffs and hiring freezes.

SEE ALSO
• ‘Quiet Firing’: What employees need to know
• Can my employer hire for my position if I haven’t been fired yet?
• Do I have to look for a new job after getting fired?

Can my employer punish me for career cushioning?

The short answer is no. If your employer finds out that you are actively looking for another job, the company can’t make significant adjustments to the terms of your employment to punish you.

Non-unionized workers in Canada don’t have to accept negative changes to their job, such as a demotion, longer shifts, or reduced pay. These types of modifications are illegal.

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.

If substantial adjustments are made to the terms of your employment without your consent, the law allows you to resign and pursue full severance pay through a constructive dismissal claim.

However, you shouldn’t quit your job before speaking with an experienced employment lawyer at Samfiru Tumarkin LLP.

We can confirm that you have been constructively dismissed, assess your legal options, and help you secure the compensation you are legally entitled to.

SEE ALSO
• Changes to your employment in Alberta: What you should know
• Wrongful Dismissal: What employees need to know

My employer is pressuring me to quit for career cushioning, what should I do?

Employers can’t pressure or force non-unionized workers in Canada to resign.

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

In the event that you are forced to resign, contact an experienced employment lawyer at Samfiru Tumarkin LLP. It’s very likely that you can treat it as a constructive dismissal and pursue full severance pay.

Additionally, you may be entitled to compensation for any damages associated with the end of your employment.

LEARN MORE
• Do I get severance if I quit?
• How to calculate severance pay

Can I be fired for career cushioning?

Your employer can fire you for engaging in career cushioning — even if you had no intention of accepting a job offer from another company.

This is called a termination without cause. In Canada, employers can let non-unionized workers go for any reason, as long as:

• They are provided full severance pay
• The reasons for their dismissal aren’t discriminatory

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

This type of dismissal is reserved for the worst kinds of workplace offences, such as serious insubordination, theft or assault.

In order to terminate you for cause, the company would have to prove progressive disciplinary measures were applied and that a less severe punishment wouldn’t be suitable, which is very difficult to do.

ADDITIONAL RESOURCES
• Severance packages in Ontario
• Understanding severance pay in Alberta
• Severance entitlements in B.C.

Lost your job? Speak with an employment lawyer

If you are fired or let go for any reason, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Toronto, Ottawa, Calgary, and Vancouver 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 legally entitled to.