Do I have to accept a demotion?

Does an employee have to accept a demotion?

No, an employee does not have to accept a demotion (a change to a job title or duties) to a lower position.

You can choose to refuse the demotion, as it is a major change to the structure of your employment. If you refuse, but your employer insists that you take the inferior role, you can claim constructive dismissal. In other words, you can treat your job as having been terminated by the company. When that happens, your employer must pay you full severance pay.

LEARN MORE
• Severance in BC
• Severance for Ontario employees
• Alberta severance packages

Your severance package is based on a number of factors, including your age, time spent with your employer, and salary.

WATCH: Employment lawyer Lior Samfiru explains why an employer can’t demote an employee in a Season 5 episode of the Employment Law Show.

Contact an employment lawyer

Speak to an employment lawyer at Samfiru Tumarkin LLP before you confront your employer about a demotion. When you do, we will review all aspects of your employment relationship to find out what your options are. This includes an examination any employment contract to find out it if it contains language that allows for changes to your job.

Call our team today at 1-855-821-5900 to get the advice you need, and the compensation you deserve.