Can Your Employer Force You to Train Your Replacement?

Can your employer force you to train the person replacing you after announcing your layoff? Not necessarily. If training your replacement represents a significant change to your job, you could have grounds to claim constructive dismissal and pursue your full severance pay without working until your termination date.

That question became a national news story when CIBC announced plans to eliminate approximately 130 positions in its Toronto finance department and outsource the work to India. Employees losing their jobs were expected to help train the people who would eventually take over their responsibilities.

Employment lawyers Lior Samfiru and Chris Justice of Samfiru Tumarkin LLP discussed the controversy in separate interviews on 640 Toronto and Global News, explaining why employees don’t necessarily have to accept such demands.

Can Your Employer Force You to Train Your Replacement?

An employer can’t automatically require you to accept major changes to your job simply because you’re being laid off.

During his radio interview, employment lawyer Lior Samfiru explained that requiring an employee to train their replacement can amount to constructive dismissal if the assignment is a significant departure from their regular duties.

For example, an employee whose existing job already involves training colleagues may be expected to continue performing those duties. However, requiring someone to abandon their usual responsibilities and spend their remaining employment training a replacement could be a substantial change.

If that change amounts to constructive dismissal, the employee may be able to treat the employment relationship as terminated and pursue their severance pay immediately.

Lior discussed the issue in the following 640 Toront interview about CIBC’s outsourcing announcement.

CIBC Employees Told to Help Train Their Replacements

The controversy arose after CIBC announced plans to eliminate up to 130 positions in its Toronto finance department and move the work to India.

According to reports discussed during the interviews, affected employees were expected to train other CIBC workers in Canada, who would then train the overseas employees taking over their jobs.

For workers already facing unemployment, being required to help transfer their responsibilities to their replacements added another layer of stress and uncertainty.

Lior criticized the approach, explaining that forcing departing employees to participate in their own replacement can damage morale, create a hostile working environment and contribute to stress-related medical leaves.

Employment lawyer Chris Justice raised similar concerns during a Global News interview, questioning whether the training requirement was appropriate and explaining how a significant change in duties could give employees grounds to pursue constructive dismissal.

For information about CIBC’s more recent job cuts and employees’ severance rights, read our CIBC layoffs and severance pay coverage.

Can You Refuse to Train Your Replacement and Still Get Severance?

Yes, if the requirement amounts to constructive dismissal, you may be entitled to severance pay without completing the training assignment.

However, refusing an instruction or quitting without first obtaining legal advice can put your compensation at risk.

The important question is whether the employer has fundamentally changed your employment. Factors include your existing responsibilities, the new training requirements and how substantially your role has changed.

If your employer has effectively ended your existing job and imposed significantly different duties, you may have grounds to pursue a wrongful dismissal claim.

Non-unionized employees in Ontario and across Canada can be entitled to as much as 24 months’ severance pay, depending on their age, length of service, position and employment contract.

What if Your Employer Offers You Another Position Instead?

During the 640 Toronto interview, Lior was also asked whether CIBC employees could claim constructive dismissal if the bank offered them different positions.

His answer was clear: the details of the new job matter.

Moving an accountant to a comparable accounting position with similar pay, hours and responsibilities may not constitute constructive dismissal.

However, moving that accountant into a call centre position could be a fundamental change, even if their salary remains the same.

Changes to your duties, seniority, responsibilities, compensation or work location can all affect your rights.

If your employer offers you a different job following a layoff announcement, don’t assume you must accept it. Have an employment lawyer review the proposed changes first.

What Should You Do if Your Employer Is Replacing You?

If you’ve been told to train your replacement or accept substantially different duties before leaving your job:

1. Don’t resign immediately. Quitting without legal advice could jeopardize your severance entitlement.
2. Get the instructions in writing. Keep emails or documents explaining the training requirements and changes to your role.
3. Review any severance offer carefully. Your employer’s initial offer may be far less than your full entitlement.
4. Don’t sign a release. Have an employment lawyer assess your situation before agreeing to compensation or new employment terms.
5. Get legal advice promptly. Find out whether the changes amount to constructive dismissal and how much severance you could receive.

Being Laid Off or Forced to Train Your Replacement? Get Legal Help

If your employer is eliminating your position, outsourcing your job or requiring you to train your replacement, the employment lawyers at Samfiru Tumarkin LLP can assess your rights and help you pursue the severance pay you’re owed — it could be up to 24 months’ pay.

We represent non-unionized employees in Ontario, Alberta and British Columbia.

Before you sign, always check first. Contact us today or call 1-855-821-5900.