One thing most British Columbians will encounter during their working life is an unwanted change to their job description.
Instead of pushing back, many non-unionized employees do nothing – believing that their boss has the right to modify their role.
The reality is that workers in the province can refuse significant adjustments to the terms of their employment.
When major modifications are made to your job without your consent, it’s very likely that you can treat it as a constructive dismissal.
In this situation, you can legally quit your job and pursue full severance, which can be as much as 24 months’ pay.
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However, you shouldn’t resign until an experienced employment lawyer at Samfiru Tumarkin LLP confirms that you have been constructively dismissed.
Here are five things non-unionized workers in B.C. need to do if their employer alters their job description without their approval.
1. Remain calm and continue to be professional
While it can be very upsetting to learn that an unwanted change was made to your role, don’t do anything drastic in the heat of the moment, such as quit your job.
Resigning without consulting an employment lawyer could result in you unintentionally giving up your right to a severance package.
In addition to severance, you won’t be able to access employment insurance benefits – making it harder to support yourself financially as you look for a new job.
READ MORE: 5 things employees should never do before talking to an employment lawyer
One of the best things you can do in this situation is remain calm. Getting angry or doing something to negatively affect the company could also put your legal right to claim compensation at risk.
Following the conversation with your boss about the modification made to your job description, continue to be professional and contact our firm.
We can inform you of your legal options based on the size of the adjustment.
2. Get the details of the change in writing
In B.C., employers often tell non-unionized workers in person or over the phone that their job description has been changed.
READ MORE: 5 of the most common employer mistakes — and what employees can do about them
If you are notified of the modification verbally, ask your boss to provide you with the details in writing.
In addition to explaining the specific change made by the company, this document will prevent your employer from claiming that it didn’t alter your role at a later date.
3. Object to the change in writing
Immediately after you are informed that your job description has been changed, reject the modification in writing. Email is often the best method.
In your message to your employer, clearly state that you don’t consent to the change.
READ MORE: Boss gave you an ultimatum? 4 key rights you have
If you wait too long to object to the adjustment, or continue working after it’s implemented, the company could argue that you have accepted the new terms of employment.
Some courts in Canada have ruled that non-unionized employees only have 10 business days to reject any modifications to their job description.
4. Review your employment contract
Employment contracts in B.C. can contain a clause that allows employers to make changes to a non-unionized worker’s job description.
However, many agreements aren’t enforceable – failing to hold up in a court of law for a variety of reasons.
Even if you signed an employment contract that gives your boss permission to modify your job description, speak with an experienced employment lawyer at Samfiru Tumarkin LLP.
We can review the agreement and determine if any adjustments made to your role were illegal.
READ MORE: Given a new employment contract? Review these key clauses, employment lawyer says
One of the firm’s clients, a national sales manager, was informed by his employer that his managerial responsibilities were being removed as part of an “internal restructuring.”
Following the conversation, he clearly stated in an email to the leadership team that he didn’t approve of the change to his job description. Despite his objection, the company went ahead with the modification.
Confident that his employer didn’t have the right to alter the terms of his employment without his consent, the worker reached out to Samfiru Tumarkin LLP.
After reviewing his employment contract, our lawyers determined that the agreement was unenforceable – making the removal of his managerial responsibilities illegal.
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As a result, we able to successfully secure full severance pay for the manager through a constructive dismissal claim.
5. Contact us
If you refused major modifications to your job, and your boss proceeded with them anyway, contact the experienced employment law team at Samfiru Tumarkin LLP.
We have helped numerous non-unionized individuals across B.C. resolve their workplace issues.
READ MORE: 5 of the most common work situations where getting an employment lawyer can help
Our lawyers can review your situation, enforce your rights and ensure that you receive the compensation you are owed.
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 British Columbia, Alberta and Ontario. Get the advice you need — and the compensation you deserve.
Lior Samfiru and Sandy Chen 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.