Nearly a quarter of Canadians recently changed jobs, according to survey

The Great Resignation

The “Great Resignation” continues across Canada with a growing number of workers parting ways with their current employer to pursue new career opportunities.

According to a recent survey by ADP Canada, 24 per cent of Canadians said they were new to their current role or position. The key drivers for the shift were:

• Competitive compensation
• Workplace flexibility
• Job satisfaction

Survey Results

The survey, conducted with Maru Public Opinion, highlights the importance of re-evaluating employee retention strategies in a tight labour market. 1,512 Maru Voice Canada online panelists were randomly selected and interviewed between June 29-30, 2022.

The results are listed below:

• 88 per cent of respondents who are considering changing jobs in the next six months said compensation is their most important determinant.
• 27 per cent of those surveyed said they received a pay raise unrelated to their performance in the last six months. 37 per cent of this group added that these raises were above five per cent.
• 93 per cent of respondents said they are happy in their current role.
• Nine-in-ten Canadians surveyed said they are satisfied with their workplace environment.

From the COVID-19 pandemic to the increasing number of baby boomers retiring, there have been a number of significant shifts in the Canadian labour market over the last few years.

If you are thinking about exploring new career opportunities, there are a few things to keep in mind.

LEARN MORE
• Boomer exodus creating employee-favoured job market: Know your rights
• Employment lawyer on what employees need to know before starting a new job

Review your current employment contract

Before changing jobs, it’s important to review your current employment contract for non-compete and non-solicit clauses.

Non-compete clauses can prevent employees from working for a competitor or starting a competing business. It can apply during your employment relationship or for a period of time after you and your company part ways. Similarly, non-solicit clauses can limit what personal professional ventures you can pursue.

READ MORE
• Non-Solicitation vs. Non-Competition Clauses

Reviewing your current agreement can help you when you negotiate the terms of the new employment contract, including compensation, bonuses, and vacation time.

Don’t sign your new contract immediately

In addition to non-compete and non-solicit clauses, there are other ways employment contracts attempt to take away key protections that would otherwise be available to you.

Termination clause

One of the most overlooked sections in an employment contract is the termination clause. If you are fired without cause or let go, this portion of the agreement could allow your employer to limit the amount of severance pay you are owed to just a few weeks’ pay.

Probationary period

Some employers might attempt to extend your probationary period beyond the typical three months. Even if the period is extended, you are owed full severance pay once the three months are up.

LEARN MORE
• Employment Law Show: Probationary Periods and Termination

If you don’t sign an employment contract before starting your new job, your employment isn’t subject to a probationary period. You would be owed severance even if you are let go a day into the new role.

Responsibilities of the role

Employers may keep job descriptions vague to allow them to add responsibilities without providing further compensation. Before accepting a new position, make sure the company clearly outlines your duties in your employment contract.

Large modifications to your job such as a demotion, cut in pay, reduction in hours, or a negative change to commission are illegal. When the terms of your employment are significantly changed, the law allows you to resign from your job and seek full severance pay through a constructive dismissal claim.

Workplace policies

This section of the employment contract includes important information on:

• Workplace flexibility
• Professional development
• Benefits
• Vacation and overtime pay

While this portion of the agreement can outline your entitlements, it could also give your employer the ability to change certain terms of your employment.

Many workers believe that they need to sign a new employment contract quickly to protect themselves. However, these agreements almost always benefit the company instead.

Before signing a new employment contract, give yourself time to carefully review it. If you are not sure about what you are accepting, contact an experienced employment lawyer at Samfiru Tumarkin LLP.

WATCH: Employment lawyer Lior Samfiru explains the five things workers need to know about employment contracts on an episode of the Employment Law Show.

If you quit your current job, you may not be owed severance

In most cases, you aren’t owed severance pay if you voluntarily quit your job to take up employment elsewhere. You won’t be able to access Employment Insurance (EI) either. This is especially important to consider if you are a long-service employee.

Example: If you have 15 years of service at your current employer, you could be be forfeiting up to 24 months of severance if the company decides to fire you or let you go.

However, if you are forced to resign or leave because significant changes were made to your job without your consent, you could have a claim for constructive dismissal. This would allow you to quit and still receive full severance.

READ MORE
• B.C. court reduces long-service employee’s severance

Before changing jobs, speak to an employment lawyer

If you are thinking about parting ways with your current employer, have the experienced employment law team at Samfiru Tumarkin LLP review the terms of your employment contract as well as the new agreement.

Our lawyers in Toronto, Ottawa, Calgary, and Vancouver can help you enforce your workplace rights to ensure you are presented with the most favourable contract available before starting your new position.