My new job has night time shifts that weren’t talked about. If I refuse, can I be fired with out severance or EI?

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THE QUESTION

I gave up a higher-paying job in a rural space and relocated to the town for a brand new place as a result of I needed extra stability. I used to be advised it will be a hybrid Monday-to-Friday schedule with two or three days per week within the workplace. It’s been a month and I haven’t labored from dwelling but and have solely had a couple of days within the workplace. The remainder of the time has been on job websites 50 kilometres from my dwelling.

Now I’ve been advised I’ll be doing night time shifts for weeks at a time. Evening shifts have been by no means talked about through the interview course of or in my job supply. I by no means would have accepted the job if I had recognized it entailed this. I really feel I used to be lied to through the hiring course of. It’s a three-month probation interval, so if I refuse to work the night time shifts, will I be let go along with no severance or employment insurance coverage? What are my choices? I’m now regretting leaving my earlier job.

THE FIRST ANSWER

Alia Besharat, affiliate, Ogletree Deakins Worldwide LLP, Toronto

The very first thing you need to do is calmly and professionally converse to your employer to aim to treatment your considerations in gentle of your pre-hire conversations. Earlier than the assembly, evaluate the job supply and attempt to recall what your conversations have been through the hiring course of. Let your employer know that you’re fascinated about having the identical understanding and expectations of the function transferring ahead. You could have an employer who’s open to such a dialogue and prepared to right the state of affairs. However, you might end up in a state of affairs the place you need to search for one other job.

When you can refuse to work the night time shifts, you accomplish that at a threat of being terminated for insubordination. That stated, an employer does have an obligation to terminate a probationary worker in ‘good religion’. This is the reason talking to your employer relating to the expectations of each events is probably the most prudent step. You’re entitled to allow them to know that the job duties weren’t mentioned through the interview course of nor have been they within the employment settlement. For those who really feel that you simply have been terminated due to your inquiries, you could have grounds to convey a wrongful dismissal declare in opposition to your employer.

When you can’t return in time, a greatest follow to implement sooner or later is to have as most of the particulars you mentioned together with your new employer fleshed out and written into the employment settlement earlier than beginning a brand new job.

Concerning EI, relying on whether or not you might have sufficient hours, you might be entitled to it in case you are terminated throughout your probationary interval. Another choice if the job remains to be not crammed is to go to your former employer and ask if they’re prepared to convey you again.

THE SECOND ANSWER

Sara Forte, lawyer, Forte Office Legislation, Surrey, B.C.

I’m sorry to listen to that you’re on this state of affairs. Step one is to test your employment contract. You famous there’s a three-month probation interval so it seems like there could also be some sort of written phrases of employment. For those who don’t have a contract, test what’s in your written job supply, or test your emails or written correspondence with the employer concerning the job supply. Is the promise of a hybrid work location, Monday-Friday, set out in writing? If that’s the case, you might be able to use that to have a dialogue together with your employer to advocate for the schedule you have been promised, or alternatively make a declare for constructive dismissal. Constructive dismissal applies when your employer has basically unilaterally modified the phrases of your employment. Generally contracts or presents embody wording that the employer can set/change the work location or schedule at their discretion. If that is within the contract wording, will probably be far more troublesome to make a constructive dismissal declare.

You also needs to test the contract or supply to see if it addresses your entitlement to severance pay. Whereas probationary intervals of three months with out severance may be authorized, they’re typically unenforceable. These contract phrases may be unenforceable for causes together with in the event that they weren’t a part of the unique job supply to you, if they’re unclear as written or if the termination entitlements fall beneath the relevant employment requirements laws minimums.

Your EI entitlement wouldn’t be decided by your contract or the employer, however by Service Canada. For those who stop, you’re typically not entitled to EI advantages, however they could keep in mind in case you are successfully pressured to stop due to job necessities which were modified unilaterally.

Given all of this, the perfect method is to aim to advocate for your self in discussions together with your employer to get the schedule you have been promised, or alternatively search for a brand new job.

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