In this ever changing world of employment and reshuffling of tasks in the workforce, many are faced with difficult decisions that arise not from their own accord, but with the changing of the structure of the business or company. When your position is changed or eliminated – what then? Do you have any rights? Have you been replaced or fired? Can you force the employer to reconsider?
These matters have to do with employment law and not labour law which involves a collective agreement and a union representative. When you are in an employment situation without the Union backing you, what exactly ARE your options?
While you do have options, they may not be what you had hoped. Nobody can stop their employer from restructuring or redefining the employees roles within the business. But do you have to accept their changes? The short answer is “no”. However, your option at that point is to treat your position as terminated without cause and seek the remedies available to you under a wrongful dismissal claim. The window for making the decision is relatively short so no decision by the employee could be construed as acceptance of the changes.
If you find yourself in this type of scenario your best option is to sit down with your employer and discuss your options openly. If you cannot find common ground you should speak with a lawyer who can counsel you on your legal options moving forward. For more information about this or any other employment issues please contact myself or one of our other knowledgeable lawyers for a consultation.
