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Can your employer demote you without actually demoting you?
Hi, I'm 27 and working in Alberta at a group home. Without going into details I was a mid-level supervisor with my "old boss". I have had a recent verbal review from my team leader which was very good, but I am supposed to have a written copy - when I ask my team leader for a copy, she says she is "getting around to it". That's been going on now for four months.
New boss arrived. As part of her "shake things up" routine I was asked to transfer to the other house in order to work the floor (and at night do paperwork, streamline documents and such). I was told then that the reason for this is due to some perceived health issues - I am not sick or stressed out although I am told that I am by my team leader and boss. I was also told that this is not a demotion.
Ok, fine, whatever. Then I was sent a letter of job offer which states that I will be getting paid at the beginning end of the wage scale for working the floor, and my "regular" rate of pay will apply at night only for as long as there are funds for it.
In the meantime, this is starting to look less like a transfer of work and more like a demotion, except for the part where I have been notified that it's a demotion. I've lost preferred break/vacation status (now i plan my days off around others) as well as other supervisory perks.
The thing is, I have not signed nor accepted the job offer letter. I was given a choice between taking the transfer and "well, you know what's coming if you don't" but at no time was it stated that I have poor work performance. I was TOLD my performance was excellent, but no written proof.
So what do I do now? I love my job and the people I work with and would quit only as a last result, but it looks like that is becoming a primary option now. Am I reading this situation right? What can I do to protect myself here?
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Not being familiar with Canadian labor laws my best suggestion is that you find a lawyer who is and engage his/her services.
If your former supervisor is still employed with the company try and to complete the written review that was promised. Morally he/she owes that to you. Very possibly legally as well depending on what your employee handbook says in the section concerning employee reviews.
If you are planning to leave and still wish to take issue with this company make sure you have a copy of the handbook you were issued and all revision to give your lawyer. If the job market in Canada is anything like it is in the U.S. I would suggest staying where you are until you find a new position.
Again I am not familiar with the laws in Canada. What I can tell you is when a similar thing happened to my wife we consulted our attorney, who also just happened to be the legal line attorney for a local TV station. He told us that legally they could fire you if they didn't like the color of your eyes. Since my wife was being terminated without cause, there wording, when the lawyer called and being the legal line attorney on TV, they did not rescind her termination but they did make a very nice exit offer and provided a very gracious letter of recommendation.
This may or may not happen for you. It happened this way for my wife because the company she worked for existed primarily on federal contracts and did not want any adverse publicity. It was just coincidence that our family attorney went Hollywood on us with the local TV station. This was enough to tip the situation in our favor, at least that is what I believe.
If your company survive at all on government contract, having a lawyer contact them may work in your favor, especially if there is any type of discrimination you can claim.
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This stinks. You need to start getting written confirmations not only of your review but also of your new role. You should also get it in writing that the offer was "take this new role or get out". It's very difficult to combat these things without evidence. You are well within your right to ask for documentation, so don't let them fob you off.
By the sounds of things, they are lining you up for redundancy/layoff. Usually if they think you are no longer able to perform in your current role, they are legally obliged to find a less demanding role for you elsewhere in the company before telling you there is no longer a job for you.
Don't sign anything until you get some answers. Call a meeting with your old team leader and ask what is going on. She may be able to be more candid with you now that she is no longer officially your boss. Have you got an employment contract? Read it thoroughly and find out what they can and can't do to you. Find out what your company's official layoff process is. I've fought a disciplinary at work before, and basically what they do is see how much they can get away with - your best course of action is hold them to the letter on HR processes. You may wish to start using phrases like "constructive dismissal" in your meetings - but see what your old team leader has to say for herself first.
Just editing to add: while all this is going on, make very sure you don't step out of line, not even once. Don't call in sick, don't arrive late, don't fall behind on deadlines. Be an exemplary employee - don't give them ammo!
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