55% of workers considering return to pre-COVID employer, survey finds

After changing jobs during the COVID-19 pandemic, a growing number of workers are interested in “coming home.”

According to a recent survey conducted by recruitment agency Robert Walters, 55 per cent of respondents are open to returning to their pre-COVID employer — admitting that their reasons for leaving are “no longer applicable in today’s market.”

“Across 2021, we saw record pay [increases] offered to professionals, with promises of an uber flexible and hybrid culture,” Özlem Simsek, managing director at Robert Walters, said.

“Come 2023, these pay [increases] now pale in comparison to the rising cost of living and inflation — with those new starters who were offered inflated salaries being much less likely to have received a pay increase early this year. It appears that workers are realizing that the grass may not have been greener after all.”

The survey also found that only 11 per cent of respondents, known as “boomerang employees”, haven’t contacted their previous employer about a possible return yet — but plan to do so this year.

Employer reaction

Most business leaders surveyed by Robert Walters view boomerang employees as a “positive phenomenon.”

Around 79 per cent of respondents claimed that they would be open to the return of a valuable employee. 15 per cent are wary of onboarding a former employee, while six per cent aren’t in favour.

“[Former employees] are familiar with the way of working and the company culture and need less training time, which only speeds up and facilitates the onboarding process,” Simsek added.

“Moreover, they are also more likely to be more closely involved and committed to the business, just because they returned completely at their own initiative.”

SEE ALSO
• 50% of Canadians plan to change jobs in 2023, survey finds
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• Mental health the ‘primary reason’ Canadians take time off work, report finds

If you are thinking about returning to your pre-COVID employer, here are a few things non-unionized employees in Canada need to keep in mind.

You don’t have to sign a new employment contract immediately

Many non-unionized employees in Canada believe that they have to sign a new employment contract as soon as possible. However, this isn’t true.

If you receive a job offer from your pre-COVID employer, don’t accept anything before speaking with an experienced employment lawyer at Samfiru Tumarkin LLP.

The company can’t legally force you to sign the agreement immediately or even a few days after it was provided to you.

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

In many cases, employment contracts take away key protections that would otherwise be available to non-unionized workers in Canada.

Your boss might attempt to limit your severance package to a few weeks’ pay or add a clause that gives them the ability to make significant changes to your job.

Our firm can review the agreement 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?

You might have to complete a probationary period

Regardless of how long you worked for your pre-COVID employer before taking up employment elsewhere, the company might include a “probation clause” in your employment contract — requiring you to complete a probationary period.

If your boss doesn’t indicate the existence of a probationary period in the agreement, it won’t be considered “valid” or “in effect.”

In Canada, non-unionized workers are usually put on probation for three months at the start of their employment. However, it’s not uncommon for probationary periods to remain in effect for six months or more.

If you are fired or let go before the probationary period ends, it’s possible that the company could still owe you a severance package. Your entitlements depend on what you agreed to in the employment contract.

However, if you are terminated after a legitimate three-month probationary period, your employer is required to provide you with working notice or pay in lieu of notice (i.e. severance pay).

LEARN MORE
• Employment Law Show: Probationary periods and termination
• Wrongful dismissal in Canada: Your rights

Your pre-COVID employer can’t punish you for leaving

In some cases, employers in Canada punish returning workers by making substantial changes to their job without their consent.

The reality is that major modifications, such as a demotion, workload increase, or pay cut, are illegal.

If significant adjustments are made to the terms of your employment shortly after you begin working for your pre-COVID employer, it’s possible that you could have grounds for a constructive dismissal claim.

In this situation, the law allows you to quit your job and pursue full severance pay.

However, you shouldn’t resign until an experienced employment lawyer at Samfiru Tumarkin LLP confirms that you have been constructively dismissed.

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

Severance pay considerations

Before changing jobs in Canada, it’s crucial that you consider future severance possibilities.

While severance can be as much as 24 months’ pay, compensation for non-unionized employees is calculated using a number of factors, including:

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

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

In most cases, non-unionized workers in Canada don’t get a severance package if they resign from their position voluntarily to take up employment elsewhere.

Severance is designed to provide employees with financial support while they look for new work after being fired without cause or let go.

However, if you were forced to quit your job for any reason, contact our firm.

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

LEARN MORE
• Severance for provincially regulated employees
• Rights to severance for federally regulated employees
• Employment Law Show: Facts about forced resignations

Your length of service affects your severance entitlements

When non-unionized employees in Canada are fired without cause or let go, a key factor in determining how much severance pay they are owed is their length of service.

• Example: If you worked at a business consulting firm for 10 years and decide to take a new job that you sought out on your own, you forfeit the severance entitlements you built up with your current employer. As a result, if you are fired without cause or let go shortly after joining the new business, you could receive very little compensation.

However, there are situations where short-service employees are owed significantly more severance pay than they realize.

If your employer fires you without cause, and you have only been with the company for three years or less, don’t accept any severance offer before contacting Samfiru Tumarkin LLP.

As long as you didn’t sign it and send it back to your boss, you have two years from the date of your dismissal to pursue full severance pay.

Our experienced employment lawyers can review the offer and help you secure the compensation that you are legally entitled to.

SEE ALSO 
• I already accepted a severance package, what should I do?
• Do I have to look for a new job after getting fired?
• Can I get my job back if I am fired?

Recruited by another company?

In some cases, non-unionized workers in Canada leave their current job after being actively recruited by another company.

If your new employer took documented steps to entice you to take up employment with them, this is known as inducement.

In the event that the company decides to terminate you shortly after pulling you away from your previous employer, the inducement should be taken into consideration when determining your severance entitlements.

As soon as you receive a severance offer, don’t sign anything before contacting an experienced employment lawyer at Samfiru Tumarkin LLP.

We can confirm that the inducement has been properly factored into your severance package and help you secure the compensation you deserve if it isn’t.

ADDITIONAL RESOURCES
• Recruited by another company in Ontario: Employee rights
• Rights Albertans have if they are recruited by another company
• Another company is trying to recruit you in B.C.? Know your rights

Looking to change jobs? Speak to an employment lawyer

Before signing a new employment contract, have the experienced employment law team at Samfiru Tumarkin LLP review the agreement to make sure your workplace rights are protected.

Our lawyers in Ontario, Alberta, and B.C. have successfully represented tens of thousands of non-unionized individuals.

We can help you better understand the terms of the contract and advise you on how best to navigate the situation.