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I was laid off due to restructuring from a non-unionized company. Two days after my employer filed my ROE, they amended it from Code A to Code M, despite never being disciplined at work. Within 24 hours of me signing my severance package, they reposted a job with a nearly identical description, but different title and higher pay. That’s a job I did for over three years, so it’s not a matter of qualifications. Can they legally change the termination code without cause? They specifically waited until after I signed the agreement to post, is that enough for a wrongful dismissal case?
An employer is able to terminate your employment in a non-unionized workplace so long as they provide you with your contractual entitlement to notice of termination or your common law notice entitlement if you are not restricted in your contract to less notice. Code M is generally termination (for cause or not for cause) but Service Canada would be aware it was not for cause if there is a payment in lieu of notice referenced on the ROE. If you would like to discuss your situation further, please contact our Firm for a consultation