Can employers in Ontario demote staff?

In most cases, no. Employers in Ontario can’t make substantial changes to a non-unionized worker’s job without the individual’s consent.

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

• You signed an employment contract that gives the company permission to demote you (i.e. alter your duties, responsibilities, or authority)
• Your employer gave you reasonable notice of the demotion
• The demotion is relatively minor (i.e. no dramatic decrease in responsibilities and your compensation package is the same)

If significant adjustments are made to your job 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.

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

We can confirm that you were constructively dismissed, assess your legal options, and help you secure the compensation you deserve.

LEARN MORE
• How to calculate severance pay
• Should I negotiate my own severance package in Ontario?

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.

My boss is pressuring me to sign a new employment contract, what should I do?

If the employment contract you initially signed doesn’t give your employer the right to demote you, you could be asked to accept a new agreement that does.

In the event that you are provided with a new employment contract, don’t sign anything before contacting our firm. Your boss can’t legally force you to accept it immediately or a few days after receiving it.

These agreements often take away key protections that would otherwise be available to non-unionized employees in Ontario.

We can review the contract and ensure that your workplace rights are properly protected.

LEARN MORE
• Starting a new job? Here’s how an employment contract could limit your rights
• ’60 days or more’: Is it an enforceable termination clause?
• Employment Law Show: 5 things to know about employment contracts

Validating a new agreement

In order to validate a new employment contract, employers in Canada must provide non-unionized workers with an additional “benefit”.

Potential benefits could include:

• A signing bonus
• Extra vacation days
• More flexibility working remotely

If your company didn’t include an additional benefit in the new agreement, or you aren’t sure that one has been provided, don’t sign anything before contacting Samfiru Tumarkin LLP.

SEE ALSO
• Pay raises: Rights for employees in Ontario
• Vacation Pay in Ontario: Your Rights

What should I do if I don’t want my employer to demote me?

Unless your employment contract gives your boss permission to alter your duties, responsibilities, or authority, the company can’t legally force you to accept significant adjustments without your consent.

Immediately after your employer informs you that you are being demoted, reject the change in writing. Clearly state in a letter, email, or text message to management that you don’t approve of the modification.

If you let too much time pass before objecting to the change, or continue working after it’s implemented, your boss could argue that you were fine with it.

In the event that you refused significant adjustments to your job, and your employer went ahead with them anyway, contact an experienced Ontario employment lawyer at Samfiru Tumarkin LLP.

We can help you determine if you have grounds for a constructive dismissal claim.

SEE ALSO
• Severance pay in a recession
• Wrongful dismissal in Ontario: Your rights
• Employment Law Show: Situations that trigger legal disputes

Can my employer punish me if I object to a demotion?

In Ontario, employers can’t punish or threaten to punish non-unionized workers for asserting their workplace rights.

• Example: You are an office manager working in Markham. One day, your boss informs you that the company is planning on demoting you to an office clerk — removing your managerial duties. However, your employment contract doesn’t give your employer the right to make substantial changes to your job without your approval. You clearly state in an email to your boss that you don’t consent to the demotion. The company can’t cut your pay, increase your workload, or force you to relocate to another office as punishment. These types of modifications are illegal in the province.

If your boss disciplines you or threatens to discipline you for asserting your rights, that is a reprisal and you should contact Samfiru Tumarkin LLP immediately.

SEE ALSO
• Employment Law Show: Reprisals at work in Canada
• Employment Law Show: How to handle a bad boss
• Employment Law Show: What your employer legally can’t do

My boss is pressuring me to quit after refusing a demotion, what should I do?

No matter how upset your employer is that you won’t allow the company demote you, they can’t pressure or force you 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 your job.

Once you have gathered all of the relevant documents, don’t resign before contacting our firm. You might have grounds for a constructive dismissal claim.

Already resigned?

If you were forced to quit your job for any reason, connect with an experienced Ontario employment lawyer at Samfiru Tumarkin LLP as soon as possible.

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

SEE ALSO
• Severance pay for provincially regulated employees
• Rights to severance for federally regulated employees
• Employment Law Show: Facts about forced resignations

Can my employer fire me for refusing a demotion?

The short answer is yes. Employers in Ontario can fire non-unionized workers if they object to a demotion.

This is called 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, this type of dismissal is reserved for the worst kinds of workplace offences, including serious insubordination, 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.

LEARN MORE
• Do I have to look for a new job after getting fired?
• Can I get my job back if I am fired?
• Employment Law Show: Facts about the termination process

Lost your job? Speak with an employment lawyer

If you are fired or let go after refusing a demotion, 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.