Can employers in B.C. change a worker’s job description?

In most cases, employers in British Columbia can’t make major modifications to a non-unionized worker’s job description or duties without their consent.

Exceptions: There are some situations where your boss could make substantial changes to the terms of your employment without breaching your rights:

• You signed an employment contract that gives the company the right to alter your job description or duties
• Your employer gave you a reasonable amount of notice about the changes that it wants to make to your job description or duties

When significant adjustments are made to your job without your approval, it’s very likely that you can treat it as a constructive dismissal. In this situation, the law allows you to resign and seek full severance, which can be as much as 24 months’ pay.

However, you shouldn’t quit your job before speaking to an experienced B.C. employment lawyer at Samfiru Tumarkin LLP. We can confirm that you have been constructively dismissed, assess your legal options, and help you secure the compensation you deserve.

LEARN MORE
• Do I get severance if I quit?
• Do you have to give 2 weeks notice when quitting?
• Should I negotiate my own severance package in B.C.?

WATCH: Employment lawyer Lior Samfiru breaks down everything you need to know about changes to your job on an episode of the Employment Law Show.

My employment contract says my boss can change my job description, is that legal?

In B.C., employment contracts can contain a clause that allows employers to modify a non-unionized worker’s job description or duties.

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 does give your boss permission to alter your job description or duties, speak with our firm.

We can review the agreement and determine if any adjustments made to your role were illegal.

My employer is pressuring me to sign a new employment contract, what should I do?

If the employment contract you initially signed doesn’t give your employer permission to modify your job description, you might be asked to accept a new agreement that does give the company the ability to make changes.

In the event that you are provided with a new employment contract, don’t sign anything before seeking legal counsel. Your boss can’t legally force you to accept it immediately or a few days after receiving it.

These agreements often take away key protections that would otherwise be available to non-unionized employees in B.C.

An experienced employment lawyer at Samfiru Tumarkin LLP can comb through the contract and ensure that your workplace rights are properly protected.

LEARN MORE
• Starting a new job? Here’s how an employment contract could limit your rights
• ’60 days or more’: Is it an enforceable termination clause?
• Employment Law Show: 5 things to know about employment contracts

Validating a new agreement

In Canada, employers must provide non-unionized workers with an additional “benefit” in order to validate a new employment contract.

Potential benefits could include:

• A promotion
• Extra vacation days
• More flexibility working remotely

If your company didn’t include an additional benefit in the new agreement, or you aren’t sure that one has been provided, don’t sign anything before contacting Samfiru Tumarkin LLP.

What should I do if I don’t want my employer to change my job description?

Unless your employment contract gives your employer permission to modify your job description, your boss can’t legally force you to accept potential adjustments without your consent.

If you don’t approve of the changes that the company wants to make to your role, notify your employer in writing immediately. Email is often the best method.

Some courts in Canada have ruled that non-unionized employees only have 10 business days to reject any modifications to their job description.

If you wait too long to object to the adjustments, or continue working after your job description has been altered, your boss could argue that you have accepted the new terms of employment.

After rejecting any changes to your job description in writing, contact an experienced B.C. employment lawyer at Samfiru Tumarkin LLP.

We can review your situation and help you secure full severance pay through a constructive dismissal claim.

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Can my employer punish me if I object to my job description being changed?

Employers in B.C. can’t punish or threaten to punish non-unionized workers for asserting their workplace rights.

• Example: Your boss in Surrey wants to remove certain responsibilities from your job description, but your employment contract doesn’t give the company the right to do so. You clearly state in an email to your employer that you don’t consent to the proposed changes. The company can’t demote you, cut your pay, or force you to relocate to another office as punishment. These types of modifications are illegal in the province.

If your boss disciplines you or threatens to discipline you for asserting your rights, that is a reprisal and you should contact Samfiru Tumarkin LLP immediately.

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• Employment Law Show: Reprisals at work in Canada
• Employment Law Show: How to handle a bad boss
• Employment Law Show: What your employer legally can’t do

My boss is pressuring me to quit after refusing a job description change, what should I do?

No matter how upset your employer is that you won’t let the company modify your job description, they can’t pressure or force you to resign.

If your boss is influencing you to step down after objecting to the change, document their attempts. Keep any letters, emails, or text messages that show how your employer is pressuring you to quit.

In some cases, pressure from management can be so intense that staff don’t feel they have any other option than to resign.

If you are ultimately forced to quit your job for any reason, speak with an experienced B.C. employment lawyer at Samfiru Tumarkin LLP.

In addition to a severance package, you could be owed compensation for any damages associated with the end of your employment.

LEARN MORE
• How to calculate severance pay
• Severance pay for provincially regulated employees
• Employment Law Show: Facts about forced resignations

Can my employer fire me for refusing a change to my job description?

In B.C., employers can fire non-unionized workers for refusing to let the company modify their job description or duties.

This is called a termination without cause. You can be let go for any reason, as long as:

• You are provided full severance pay
• The reasons for your dismissal aren’t discriminatory

It’s very unlikely that your employer would be able to fire you for cause in this situation, which would mean no severance package or access to Employment Insurance (EI) benefits.

This punishment is reserved for the most serious workplace offences, such as blatant disobedience, theft, or assault.

To justify terminating you for cause, the company must prove progressive disciplinary measures were applied and that a lesser penalty wouldn’t be suitable, which is very difficult to do.

LEARN MORE
• Wrongful dismissal in British Columbia: Your rights
• Do I have to look for a new job after getting fired?
• Can I get my job back if I am fired?

Lost your job? Speak with an employment lawyer

If you are fired or let go after refusing a change to your job description, or for any reason, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in B.C., Alberta, and Ontario have helped tens of thousands of non-unionized individuals resolve their workplace issues.

We can review your situation, enforce your rights, and ensure that you receive the compensation you are owed.