With enough on their plate already, most British Columbians don’t want their employer to increase their workload.
However, when new duties or responsibilities are added to their job, many employees say nothing because they believe the company has the right to do so.
The reality is that non-unionized workers in the province can refuse major modifications to the terms of their employment.
If significant adjustments 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 British Columbians 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 increases your workload without your approval, here are three things you shouldn’t do.
1. Don’t react in the heat of the moment
After learning that new duties or responsibilities have been added to your role, don’t do anything drastic, such as quit your job.
Resigning without consulting an employment lawyer is one of the worst things you can do in this situation.
Not only could you unintentionally forfeit 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
In the heat of the moment, remaining calm is key. Getting angry about the workload increase or doing something to negatively affect the company could also put your right to severance at risk.
Following the conversation with your boss about the duties or responsibilities that have been added to your job, continue to be professional and contact Samfiru Tumarkin LLP.
We can inform you of your legal options based on the size of the modification.
2. Don’t let time pass before rejecting the change
As soon as you are informed that new duties or responsibilities have been added to your job, immediately reject the change in writing.
Clearly state in a letter, email or text message to your employer that you don’t consent to the workload increase.
READ MORE: Boss gave you an ultimatum? 4 key rights you have
If you let too much time pass before objecting to the modification, or continue working after it’s implemented, the company could argue that you have accepted the new terms of employment.
3. Don’t sign a new employment contract immediately
If the employment contract you initially signed doesn’t allow your employer to increase your workload, you could be asked to accept a new agreement that does.
Before signing a new employment contract, have it reviewed by an experienced employment lawyer at Samfiru Tumarkin LLP. The company can’t legally force you to accept it immediately or a few days after it was provided to you.
In many cases, these agreements take away key protections that would otherwise be available to non-unionized employees in B.C. We can make sure that your workplace rights are properly protected.
READ MORE: Given a new employment contract? Review these key clauses, employment lawyer says
One of the firm’s clients, an office administrator in Vancouver, was asked by her boss to sign a new employment contract.
A month after accepting it, her manager told her over the phone that several maintenance duties were being added to her weekly responsibilities.
Immediately after the call, she clearly stated in an email to her employer that she didn’t approve of the workload increase. Despite her objection, management went ahead with the change – claiming that the new employment contract gave the company the right to do so.
While she was ready to quit her job on the spot, the worker remained calm and contacted Samfiru Tumarkin LLP.
After reviewing the new agreement, our lawyers didn’t find a clause that gave her employer permission to increase her workload without her consent.
READ MORE: Dealing with a bad boss? 3 things you should do
As a result, we were able to help the office administrator obtain full severance pay through a constructive dismissal claim.
Let us fight for you
When major modifications 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 changes to the terms of your employment, 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 Adrienne Wensel 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.