I believe I am being underpaid. What can I do?

This blog was originally published in the Globe and Mail on January 17, 2021

 I work as a lab technician for a research organization. As author and inventor, I have made contributions to publications and inventions. But compared to the engineers and scientists engaged in the research, I'm paid much less and don’t have the opportunity for performance-based promotions. Can research organizations use technicians like me to carry out the duties of engineers and scientists for better performance at a lower cost? Do the technicians engaged in research like myself have any recourse for compensation?   

Beyond regulating things like gender pay equity, minimum wage, overtime rates, and holiday pay, the Employment Standards Act and its federal counterpart, the Canada Labour Code, say little about employee compensation. The issues you raise would typically be governed by the terms of your employment agreement.  

Unless stipulated by your employment agreement, there is no legal obligation for your employer to provide salary increases or promotions regardless of the work performed. As unfair as this sounds, it is common practice in many industries, often on the grounds of base qualifications rather than actual value-added e.g. nurses and paralegals typically earn less than doctors and lawyers for performing some of the same duties. This is permitted provided pay equity or human rights laws are not breached.   

You can renegotiate your employment agreement with your employer by respectfully broaching the subject with your manager. Reasonable employers may be open to a salary renegotiation to retain valuable employees regardless of qualifications or job titles.  

As an author and inventor, your question also raises issues of workplace intellectual property rights. Under the Copyright Act, your employer is the first owner of the copyright to any original work created in the course of employment, though you may retain moral rights to be associated with the work. Under the Patent Act the employee is presumed to own an invention, though there can be exceptions. These presumptions can be displaced by the language of the employment agreement, which may assign moral and intellectual property rights to the employer.  This is a complex and niche area of employment law that would be worth getting expert legal advice on.  

The above is provided as general information only. Questions related to employee compensation and about workplace intellectual property rights may involve complex legal issues. Contact us today if you would like to consult with our lawyers about compensation or intellectual property rights issues.