Getting a pink slip may be beyond your control, but you can certainly prepare for it
If you suspect your job is in jeopardy, there are steps you can take — and mistakes you must avoid
You show up to work every day, thinking your position is secure. The truth? It isn't. Canadian workers are nervous, companies are cutting back and industries from tech to finance are being disrupted far faster than anyone predicted.
For employees, particularly those without rare necessary skills or long experience, the reality is harsh: termination can happen quickly — often with little warning.
The question isn't if your job might be at risk — it is how prepared you are when it happens.
Canada's job market is jittery. While the economy hasn't collapsed, uncertainty is everywhere. Young people worry about landing positions if they don't have the skills employers currently seek. Employees in industries disrupted by new technologies — particularly artificial intelligence — face unprecedented headwinds.
Amidst all of this, a new phenomenon has emerged: "The Big Stay." Many workers are prioritizing job security over seeking new opportunities. Those already employed worry that their positions are at risk, especially if their company is struggling or colleagues have recently been let go.
If you suspect your job is in jeopardy, there are steps you can take — and mistakes you must avoid.
Do: Retain your employment documents
Make sure you have copies of everything you are entitled to:
- Employment contracts and offer letters
- HR correspondence regarding complaints or disciplinary actions
- Performance reviews, both positive and negative
- Internal reference letters
- Policies covering benefits, pension plans, RSUs, bonuses
Also, take stock of all personal files stored on company devices or cloud accounts. Some employers lock access immediately upon termination and you will be unable to retrieve personal documents afterwards.
Do not: Take company property
This may seem obvious, yet employees stumble here all the time. Do not download financial reports, proprietary code, precedent documents or any confidential company information — even if you created it. Only do so if you have written confirmation that the information belongs to you. Violating confidentiality can lead to legal action and your former employer will not take kindly to surprises.
Do: Keep notes and records
Documentation is gold in any legal dispute. Maintain emails, contemporaneous notes and correspondence that record important conversations. Following up all verbal discussions with a short email will protect your interests. Recording conversations may be permissible if legal and company policy permits, but always check before doing so, because it can also be cause for discharge.
Do not: Snooping or hacking
Do not rummage through colleagues' emails, access databases that you shouldn't or install spyware. Do not record conversations illegally or eavesdrop. Actions like these can escalate a standard termination into a "for cause" dismissal, stripping you of statutory entitlements, severance and additional negotiated compensation.
Do: Consult a lawyer
Termination packages can be complicated. Even if you are terminated "without cause," a lawyer can ensure that you are not short-changed. This is especially true for long-tenured employees and those with significant compensation packages. Legal advice can help you understand the additional compensation your employer may offer to secure a release.
Do not: React emotionally
Termination is personal. For employers, it is usually a business decision: budgets, restructuring, underperformance or corporate priorities. For employees, it is a profound shock, affecting livelihood, identity and relationships.
Some employees respond by deleting documents, disparaging the employer publicly, spreading confidential information or attempting to turn colleagues against the company. Even minor retaliatory acts can justify a "for cause" termination, eliminating severance and possibly exposing you to legal liability.
Conclusion
How you act before, during and after a termination makes a significant difference. Smart, measured behavior preserves legal rights and strengthens your position to secure a fair termination package. Acting impulsively, emotionally or improperly can have serious consequences — including losing entitlements, forfeiting negotiated compensation or facing legal claims.
Even in the difficult experience of losing a job, there is a right way and a wrong way. When in doubt, consult a reputable experienced employment lawyer. Professional guidance can be the most valuable investment in protecting your career and your livelihood.
Howard Levitt is senior partner of Levitt LLP, employment and labour lawyers with offices in Ontario and Alberta, and British Columbia. He practices employment law in eight provinces and is the author of six books, including the Law of Dismissal in Canada. Jenny Yu is an associate at Levitt LLP.