For many non-unionized workers in Alberta, it can come as quite a shock when their employer changes their job description.
In most cases, employees won’t challenge the modifications made by their boss because they believe the company has the right to do so.
The reality is that non-unionized workers in the province don’t have to accept significant adjustments to their job.
When substantial changes are made to the terms of your employment without your consent, there is a very good chance that you can treat it as a constructive dismissal.
In this situation, the law allows you to quit your job and pursue full severance, which can be as much as 24 months’ pay.
READ MORE: The ‘big 5’ workplace rights most often overlooked by employees
However, you shouldn’t resign until an experienced employment lawyer at Samfiru Tumarkin LLP confirms that you have been constructively dismissed.
Here are three things non-unionized workers in Alberta need to do if their employer modifies their job description without their approval.
1. Remain calm and professional
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After learning that unwanted changes were made to your role, it can be tempting to do something drastic in the heat of the moment, such as quit your job.
However, resigning without consulting an employment lawyer is one of the worst things you can do in this situation.
Not only could you unintentionally give up your right to a severance package, but you won’t be able to access employment insurance benefits – making it harder to support yourself financially as you look for new work.
READ MORE: 5 things employees should never do before talking to an employment lawyer
Remaining calm is key. Getting angry or doing something to negatively affect the company can also put your right to severance at risk.
Following the conversation with your boss about the modifications made to your job description, continue to be professional and contact our firm.
We can inform you of your legal options based on the changes made to your role.
2. Refuse any changes in writing
In many cases, non-unionized employees in Alberta are told in person or over the phone that their job description has been changed.
Shortly after you have been notified of any modifications, clearly state in a letter, email or text message to your employer that you don’t consent to them.
If you wait too long to object to the adjustments, or continue working after they are implemented, the company could argue that you have accepted the new terms of employment.
By immediately rejecting any changes to your job description in writing, your boss won’t be able to claim that you were fine with them.
READ MORE: 5 of the most common employer mistakes — and what employees can do about them
One of the firm’s clients, a sales representative working in Calgary, was told by her employer that several administrative duties were being added to her job description.
Immediately after the conversation, she clearly stated in an email to her boss that she didn’t approve of the modification. Despite her objection, the company went ahead with it.
While she was ready to quit her job on the spot, the employee remained calm and contacted Samfiru Tumarkin LLP.
Since a significant adjustment was made to the terms of her employment without her consent, our lawyers were able to help the sales representative obtain full severance pay through a constructive dismissal claim.
3. Contact us
When major changes are made to a non-unionized worker’s job without their approval, it can have a profound impact on their mental and financial health.
If you refused substantial adjustments to the terms of your employment, and your boss proceeded with them anyway, contact an experienced employment lawyer at Samfiru Tumarkin LLP.
READ MORE: 5 of the most common work situations where getting an employment lawyer can help
Our team has helped numerous non-unionized individuals across Alberta resolve their workplace issues.
We can review your situation, enforce your rights and ensure that you receive the compensation you are legally entitled to.
Boss made major changes to your job without your consent? Not sure if you’ve been constructively dismissed?
Contact the firm or call 1-855-821-5900 to secure assistance from an employment lawyer in Alberta, British Columbia and Ontario. Get the advice you need — and the compensation you deserve.
Lior Samfiru and Jeneba Stewart are employment lawyers at Samfiru Tumarkin LLP, Canada’s most positively reviewed law firm specializing in employment law and long-term disability claims. The firm provides free advice through Canada’s only Employment Law Show on TV and radio.