One thing that most Ontarians don’t want their employer to tamper with is the number of hours they are required to work each week.
However, when faced with a reduction in hours, many non-unionized employees say nothing – believing that their company has the right to do so.
The reality is that workers in the province don’t have to accept substantial changes to the terms of their employment.
If major modifications 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 reduces your hours of work without your approval, here are three things you shouldn’t do.
1. Don’t do anything drastic
After learning that unwanted changes have been made to the terms of your employment, it can be very tempting to do something drastic in the heat of the moment, such as resign.
However, quitting your job without consulting an employment lawyer is one of the worst things you could do in this situation.
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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
Remaining calm is key. Getting angry about your hours of work being reduced 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 reduction in hours, continue to be professional and contact Samfiru Tumarkin LLP.
We can inform you of your legal options based on the specifics of the modification.
2. Don’t let time pass before rejecting the change
Immediately after you are informed that your hours of work are being reduced, reject the change in writing.
In a letter, email or text message to your employer, clearly state that you don’t consent to the adjustment.
READ MORE: Boss gave you an ultimatum? 4 key rights you have
If you let too much time pass before objecting to the reduction in hours, or continue working after it’s implemented, the company could argue that you were fine with it.
3. Don’t sign a new employment contract immediately
It’s not uncommon for non-unionized employees in Ontario to have their hours or wages reduced shortly after signing a new employment contract.
In my experience, employers usually add a clause that gives them permission to alter the terms of an individual’s employment.
If your boss asks you to sign a new agreement, don’t accept anything before speaking with my firm. The company can’t legally force you to sign it immediately or a few days after it was provided to you.
READ MORE: Given a new employment contract? Review these key clauses, employment lawyer says
We can review the contract and make sure that your workplace rights are properly protected.
Let us fight for you
When substantial changes are made to a non-unionized worker’s job without their consent, it can have a profound impact on their mental and financial health.
If you refused major modifications 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 tens of thousands of non-unionized employees in Ontario enforce their rights and secure the compensation that they are legally entitled to.
READ MORE: 5 of the most common work situations where getting an employment lawyer can help
One of my clients, an administrative clerk in Ottawa, received an email from her manager – informing her that her hours of work were being reduced by 18 per cent.
Immediately after reading the message, she responded to the email. In her response, she clearly stated that she didn’t approve of the reduction in hours.
Despite her objection, the company went ahead with the change – claiming that her employment contract gave them the right to do so.
While she was extremely tempted to resign, she remained calm and contacted Samfiru Tumarkin LLP.
After reviewing her employment contract, I didn’t find a clause that gave her employer the ability to make changes to her job without her consent.
READ MORE: Dealing with a bad boss? 3 things you should do
As a result, I was able to secure full severance pay for the administrative clerk through a constructive dismissal claim.
Employer 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 is an employment lawyer and co-founding partner at Samfiru Tumarkin LLP, Canada’s most positively reviewed law firm specializing in employment law and long-term disability claims. He provides free advice as the host of Canada’s only Employment Law Show on TV and radio.