When faced with a workload increase, many Ontarians say nothing – believing that their employer has the right to add new duties or responsibilities to their job.
The reality is that non-unionized workers in the province can refuse significant adjustments to the terms of their employment.
If 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, 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
However, you shouldn’t quit your job until an experienced employment lawyer at Samfiru Tumarkin LLP confirms that you have been constructively dismissed.
If your boss increased your workload without your approval, here are four things you need to do.
1. Remain calm and continue to be professional
After learning that new duties or responsibilities have been added to your role, it can be extremely tempting to do something drastic in the heat of the moment, such as resign.
However, if you quit your job without consulting an employment lawyer, you could unintentionally give up your right to a severance package.
Get breaking National news
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 work.
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. Losing your temper 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 workload increase, 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. Reject the change in writing
Immediately after you are informed that new duties or responsibilities have been added to your job, 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 wait too long to object to the modification, or continue working after it’s implemented, your boss could argue that you have accepted the new terms of employment.
3. Review your employment contract
In Ontario, employment contracts can contain a clause that allows companies to increase the workload of non-unionized employees.
If your employer adds new duties or responsibilities to your job, and you did sign an agreement that contains this clause, don’t lose hope.
In many cases, employment contracts aren’t enforceable – failing to hold up in a court of law for various reasons.
READ MORE: Given a new employment contract? Review these key clauses, employment lawyer says
Our firm can review the agreement and determine if any modifications made to your workload were illegal.
4. Contact us
When major changes are made to a non-unionized worker’s job without their consent, it can create a significant amount of mental and financial distress.
If you refused substantial adjustments 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 Ontario enforce their workplace 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 supply chain analyst in Mississauga, was told by her manager that several administrative duties were being added to her weekly responsibilities.
Immediately after the conversation, 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 her employment contract gave the company the right to do so.
While she was extremely tempted to quit her job on the spot, the worker remained calm and contacted Samfiru Tumarkin LLP.
After reviewing her employment contract, our lawyers didn’t find a clause that gave the 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 supply chain analyst 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 Christine Sesek 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.