Can I be fired and replaced with artificial intelligence?

Yes, your employer can fire you from your job and replace you with artificial intelligence (AI), even if you are performing the duties of the job well.

This is called a termination without cause. In Canada, companies 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 employer would be able to fire you for cause, which would mean no severance package or access to Employment Insurance (EI) benefits.

To justify dismissing you for cause, the company would have to prove progressive disciplinary measures were applied and that a less severe punishment would be inappropriate.

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

LEARN MORE
• Can employers use AI to decide who to fire?
• Severance for provincially regulated employees
• Rights to severance for federally regulated employees

WATCH: Employment lawyer Lior Samfiru explains what rights employees have if they are being fired or let go on an episode of the Employment Law Show.

How can I determine if reasons for my dismissal were discriminatory?

In Canada, reasons for terminating a non-unionized employee are considered discriminatory when they infringe on a protected ground under federal or provincial human rights legislation.

Examples of protected grounds include:

• Age
• Race
• Gender
• Religion
• Family status

While recent advancements in AI, such as ChatGPT, are providing companies with new ways to improve productivity, the implementation of technological solutions at work can’t violate the human rights of staff.

• Example: Beth has worked at a call centre in Calgary for 25 years. Her employer announces that they are now using an AI platform to help with inbound calls. A few weeks later, Beth and four of her colleagues are told that they are being fired. When Beth follows up on the reasons for her dismissal, she learns that she is being terminated because she is two years away from retirement. After explaining her situation to an employment lawyer, she is informed that she has been discriminated against based on her age. Beth’s lawyer tells her that she is entitled to full severance pay, human rights damages, and potentially reinstatement to her former position with full back pay.

If you are fired or let go, and believe that a reason for your dismissal was discriminatory, contact an experienced employment lawyer at Samfiru Tumarkin LLP immediately.

We can help you secure the compensation you are entitled to through a wrongful dismissal claim as well as a human rights complaint.

SEE ALSO
• Can I get my job back after I am fired?
• Former Vancouver Canucks staffer alleges discrimination, wrongful dismissal
• Alberta admin assistant awarded nearly $40K in discrimination case

Filing a human rights complaint

Non-unionized employees in Canada have the right to work in an environment that is free of harassment and discrimination.

If you do experience discrimination at work, you can file a human rights complaint.

The Human Rights Tribunal of Ontario, Alberta Human Rights Commission, and B.C. Human Rights Tribunal, are examples of organizations that are responsible for dealing with complaints pertaining to their province’s human rights legislation.

Successful complaints can result in compensation, and even reinstatement, for the individual who experienced discrimination.

My employer is pressuring me to resign so AI can do my job instead, what should I do?

Your employer can’t pressure or force you to quit your job. This is known as a forced resignation.

If you are forced to quit your job for any reason, contact an experienced employment lawyer at Samfiru Tumarkin LLP.

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

SEE ALSO
• Do I get severance if I quit?
• Severance pay in a recession

Can my employer punish me if I refuse to resign from my position?

Employers in Canada can’t punish non-unionized workers for refusing to quit their job.

If you are disciplined or fired by your company because you didn’t resign from your position, seek legal counsel immediately.

The experienced employment law team at Samfiru Tumarkin LLP can help you secure the compensation you are entitled to, and ensure that your rights are properly enforced.

LEARN MORE
• Reprisals at work in Alberta: Know your rights
• Employment Law Show: What to know about workplace reprisals

Can my employer make major changes to my job if I refuse to resign?

In Canada, non-unionized workers don’t have to accept significant changes to their employment.

Large modifications such as a demotion, cut in pay, reduction in hours, or negative change to commission are illegal.

When substantial changes are made to your job without your consent, the law allows you to resign and seek full severance pay through a constructive dismissal claim.

If you believe that you have been constructively dismissed, don’t quit your job until you speak with an experienced employment lawyer at Samfiru Tumarkin LLP.

LEARN MORE
• Changes to your employment in Alberta: Your rights

My employer offered me an alternate role working with the AI, what should I do?

Some jobs can’t be completely replaced by artificial intelligence. Instead of firing you, your employer might offer you a new job supervising or assisting the technology.

If you are offered an alternate role at the company, this will likely include:

• A new employment contract
• Something additional in exchange for taking the new job (i.e. greater work flexibility or a signing bonus)

However, if you have a good reason for rejecting the new job (i.e. reduced pay or unfavourable conditions in the contract), you can still receive full severance pay.

• Example: John was hired to write financial advice articles for a local newspaper in Vancouver. The paper tells him that it’s now using AI to create the financial advice pieces. Instead of writing the articles, John’s employer offers him a new job proofreading and fact-checking the content produced by the AI platform. When reviewing the new employment contract, he realizes that the position will require him to accept a 20 per cent pay cut. Since the alternate role would result in a significant change in pay, John has a good reason for turning down the offer and is provided full severance pay by the newspaper.

Even without a good reason for refusing the alternate role, you can still pursue your minimum entitlements at the end of your employment.

LEARN MORE
• New job? How an employment contract could limit your rights
• Employment Law Show: 5 facts about employment contracts

Instead of accommodating my disability, my employer replaced me with AI, what should I do?

In Canada, employers are legally obligated to assist non-unionized workers who can’t perform their job duties due to a disability (either physical or psychological), religious reasons, or other constraints under federal or provincial human rights legislation.

As part of their duty to accommodate, companies may have to:

• Change your job requirements
• Provide someone to help you complete your tasks
• Make changes to the shift itself

The goal is to ensure that you can continue to perform your job duties, despite your disability. Your employer can’t get out of their duty to accommodate by having artificial intelligence do your job instead.

If you believe that your company hasn’t properly fulfilled their duty to accommodate, contact an experienced employment lawyer at Samfiru Tumarkin LLP.

We can review your situation and help you secure the compensation that you are entitled to through a constructive dismissal claim.

LEARN MORE
• Employment Law Show: Duty to accommodate in Canada
• Disability in the workplace
• Long-term disability claims: Your rights

Lost your job? Speak with an employment lawyer

If you are fired or let go for any reason, or believe that your human rights have been violated, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Toronto, Ottawa, Calgary, and Vancouver can review your situation, enforce your rights, and help you secure the compensation you are owed.