Vancouver Starbucks employee fired months after organizing union

Just months after organizing her first union, a Starbucks employee in Vancouver is out of a job.

According to news outlets, including the Vancouver Sun, Frederique Martineau successfully unionized a store in the city’s Dunbar neighbourhood in February.

However, the coffee giant closed the location shortly after, citing an expired lease, and offered to relocate affected staff members, which included Martineau.

In October, she was moved to a non-unionized store at West 16th Avenue and Macdonald Street. While her pay remained the same, the 20-year-old shift supervisor was demoted.

A few weeks later, a manager informed Martineau on Nov. 5 that she was being investigated.

While no specifics were given, Starbucks alleged that certain staff members were:

• Complaining about her use of profanity
• Uncomfortable with her chatting about unionizing Dunbar

She denied using profanity at work and claimed that she had management’s permission to talk about her union experience with United Steelworkers (USW).

Three days after the conversation, Martineau was fired and ushered out the back door.

“It was retaliation for unionizing,” she told the Vancouver Sun.

“Since I unionized Dunbar, I knew there was a target on me. Why would I do anything to draw attention to myself?”

Brett Barden, a USW spokesperson, said “the union is actively working to fight this dismissal and stands in full support of [Martineau].”

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Starbucks’ response

A spokesperson for Starbucks denied allegations that Martineau’s termination was retaliation for her union organizing.

“All partners (employees) receive training on our policies governing appropriate workplace conduct, and they are aware that failing to uphold them can result in corrective action, up to and including separation,” the representative said in a statement to Postmedia News.

The statement added that “no Starbucks partner has been, or will be, disciplined or separated for supporting, organizing or otherwise engaging in lawful union activity.”

Martineau, a five-year employee wth no pervious complaints, claims that she didn’t breach any company policies.

Can employers in Canada ban staff from unionizing?

In Canada, it’s illegal for employers to ban non-unionized workers from unionizing.

The right to unionize is protected by provincial and federal labour relations legislation.

Companies that take action against employees who try to join, form, or certify a union could be subject to sanctions.

Can my boss punish me for attempting to unionize?

Employers in Canada can’t punish, or threaten to punish, non-unionized employees for asserting their workplace rights.

This includes individuals working full-time, part-time, or hourly in British Columbia, Alberta, and Ontario.

If you are penalized for attempting to unionize, contact an experienced employment lawyer at Samfiru Tumarkin LLP immediately. There is a very good chance that you experienced a reprisal at work.

We can review your situation, assess your legal options, and help you secure the compensation you deserve.

ADDITIONAL RESOURCES
• Reprisals at work in Alberta: Know your rights
• What to know about workplace reprisals in Ontario
• Employment Law Show: Reprisals at work in Canada

My boss made major changes to my job after attempting to unionize, can they do that?

In most cases, employers in Canada can’t make significant adjustments to a non-unionized worker’s job without their consent.

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

• You signed an employment contract that gives the company permission to make the change
• Your employer gave you reasonable notice of the modification

WATCH: Employment lawyer Lior Samfiru explains what non-unionized workers need to know about changes to their job on an episode of the Employment Law Show.

If substantial changes 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 pay.

However, you shouldn’t quit your job before connecting with our firm. We can confirm that you were constructively dismissed and advise you of potential next steps.

ADDITIONAL RESOURCES
• Changes to your employment in B.C.: Your rights
• Job changes in Alberta: What employees need to know
• Can my employer make changes to my job in Ontario?

How is severance pay calculated?

Severance for non-unionized employees in Canada can be as much as 24 months’ pay.

The amount of compensation you are entitled to is calculated using several factors, including:

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

However, there are some situations where non-unionized workers in the province could be owed more than 24 months of severance pay.

To figure out how much compensation you should receive, use our firm’s free Severance Pay Calculator. It has helped millions of Canadians determine their severance entitlements.

If your company doesn’t provide you with the correct amount, you have been wrongfully dismissed and should contact an experienced employment lawyer at Samfiru Tumarkin LLP.

We regularly resolve wrongful dismissal claims and can help you secure proper compensation.

LEARN MORE
• Starbucks Canada Severance Packages
• Severance pay for provincially regulated employees
• Severance entitlements in a recession

My boss is pressuring me to quit after attempting to unionize, what should I do?

No matter how upset your employer is that you attempted to unionize, the company 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 connecting with our firm. You might have grounds for a constructive dismissal claim.

Already resigned?

If you were forced to quit your job for any reason, contact 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.

LEARN MORE
• Employment Law Show: Facts about forced resignations
• Employment Law Show: What your employer legally can’t do
• Employment Law Show: Situations that trigger legal disputes

Can my boss fire me for attempting to unionize?

The short answer is no. It’s illegal for employers in Canada to fire non-unionized workers for attempting to unionize.

If you were fired in this situation, it’s possible that your company could be ordered to reinstate you. However, it takes time to obtain the order and it’s likely that irreparable damage has been done to the employment relationship.

A more practical approach would be to pursue full severance pay, which must be paid when a non-unionized employee is terminated without cause.

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

Fired “For Cause”?

It would be extremely inappropriate, and illegal, for your company to fire you for cause if you attempted to unionize.

Considered the “capital punishment” of employment law, it’s reserved for the worst workplace offences, such as serious insubordination, theft, or assault.

In this situation, your boss doesn’t have to provide you with a severance package and you can’t access Employment Insurance (EI) benefits.

However, non-unionized employees rarely meet the conditions necessary for this type of dismissal and are often entitled to severance pay.

Lost your job? Speak with an employment lawyer

If you are fired or let go for attempting to unionize, or for any reason, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in B.C., Alberta, and Ontario 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.