One thing many non-unionized workers in Ontario don’t want their employer to change is their job description.
However, when modifications are made, most employees won’t challenge their boss because they believe the company has the right to do so.
The reality is that non-unionized workers in the province can refuse substantial adjustments to the terms of their employment.
If major changes are made to your job 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 resign 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
Unfortunately, many Ontarians aren’t aware of their right to severance when they are constructively dismissed – putting them at risk of not receiving the compensation they are owed.
If your boss tampers with your job description without your approval, here are three things you shouldn’t do.
1. Don’t do anything drastic
While significant changes to your role might make you so angry that you want to quit your job on the spot, don’t do anything drastic before seeking legal counsel.
If you resign without consulting an employment lawyer, you could unintentionally forfeit your right to a severance package.
In addition to severance, you won’t be able to access employment insurance benefits – further complicating your ability 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 one of the best things you can do in this situation. Losing your temper or doing something to negatively affect the company could also put your right to severance at risk.
After speaking 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. Don’t let time pass before objecting to any changes
As soon as you are informed that your job description has been changed, immediately reject any modifications in writing.
Clearly state in a letter, email or text message to your employer that you don’t consent to the changes.
READ MORE: Boss gave you an ultimatum? 4 key rights you have
Timing is everything. 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.
3. Don’t sign a new employment contract immediately
In some cases, non-unionized workers in Ontario are asked to sign a new employment contract that gives their employer the right to modify their job description.
If your boss provides you with a new agreement, don’t accept anything before speaking with an experienced employment lawyer at Samfiru Tumarkin LLP. The company can’t legally force you to sign it immediately or a few days after receiving it.
READ MORE: Given a new employment contract? Review these key clauses, employment lawyer says
Employment contracts often take away key protections that would otherwise be available to you.
We can review the agreement and ensure that your workplace rights are properly protected.
Let us fight for you
If you refused significant adjustments to your job, and your employer proceeded with them anyway, contact the experienced employment law team at Samfiru Tumarkin LLP.
We have helped numerous non-unionized employees across Ontario enforce their rights and secure the compensation they deserve.
READ MORE: 5 of the most common work situations where getting an employment lawyer can help
One of the firm’s clients, a restaurant manager working in Ottawa, was told by his boss that several maintenance duties were being added to his job description.
Following the conversation, he clearly stated in a letter to his employer that he didn’t approve of the change. Despite his objection, management went ahead with it – claiming that his employment contract gave the company the right to do so.
While he was extremely tempted to quit his job on the spot, the worker remained calm and contacted Samfiru Tumarkin LLP.
After reviewing his employment contract, our lawyers didn’t find a clause that gave the employer permission to modify his job description without his consent.
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As a result, we were able to help the manager obtain full severance pay through a constructive dismissal claim.
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 Ontario, Alberta and British Columbia. Get the advice you need — and the compensation you deserve.
Lior Samfiru and Chantel Goldsmith 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.