Can my employer hire for my position if I haven’t been fired yet?

The short answer is no. Employers in Canada can’t hire for your position if you are still actively working for the company.

Depending on your situation, you could take legal action to obtain full severance pay.

• Example #1: You were temporarily laid off during the COVID-19 pandemic. When you return to work, your employer informs you that your job has been filled and you are asked to move into a role that would be a demotion from your previous position. Since the terms of your employment have been significantly changed without your consent, you would likely be able to file a constructive dismissal claim through an employment lawyer at Samfiru Tumarkin LLP.
• Example #2: Your employer fires you, but you learn that someone else was already hired to fill your position before you were terminated. You would likely be able to file a claim for wrongful dismissal and receive full severance pay since you were forced out of your job.

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 is severance pay calculated?

Severance packages in Canada are based on your specific circumstances. These factors include your:

• Age
• Position at the company
• Length of service
• Ability to find new employment

Our Severance Pay Calculator can help you figure out how much compensation you are owed.

An employment lawyer at Samfiru Tumarkin LLP can also review your situation to ensure you are receiving proper severance.

READ MORE:
• Severance pay in a recession
• Severance for federally regulated employees
• Severance for provincially regulated employees

Can my employer pressure me to quit my job so someone else can have it?

Your employer can’t pressure or force you to quit your job. This is referred to as a forced resignation. If you are forced to resign for any reason, you would be owed severance pay.

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

READ MORE
• Do I get severance if I quit?

My employer has offered me an alternate role, what should I do?

In some cases, employers will offer a worker an alternate role so that they can move someone else into their position.

If you are offered an alternate role, 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 alternate role (i.e. reduced pay or unfavourable conditions in the contract), you can still receive full severance pay.

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

LEARN MORE
• Employment Law Show: What you need to know about changes to your job
• Ontario and changes to your job
• Changes to your employment in Alberta
• Can your employer change your job in B.C.?

I’m on a fixed-term contract, am I entitled to severance if my employer replaces me?

Yes. If your employer is looking to replace you while you are still actively employed, and before the expiration of your contract, you would be owed either:

• The balance of your contract.
• Severance pay, depending on the language of your contract.

An employment lawyer at Samfiru Tumarkin LLP can review your contract and advise you of your rights and how to enforce them.

If the person selected to replace you doesn’t start until your contract expires, the company doesn’t need to provide you with a severance package.

SEE ALSO
• Employee vs. Independent Contractor Misclassification

Lost your job? Speak with an employment lawyer

If you are fired or lose your job 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 individuals across Canada resolve their workplace issues.

We can review your situation, enforce your rights, and ensure that you receive the compensation you are owed.