Can my employer in Ontario change my schedule?

Can my employer make changes to my schedule?

In Ontario, your employer can’t significantly alter your shifts or work schedule in a way that negatively impacts you.

If your employer makes you work longer hours than originally indicated, scales back your hours of work, or changes your shifts from early mornings to late evenings, you may have a case for constructive dismissal.

In this situation, the law allows you to quit your job and pursue full severance, which can be as much as 24 months’ pay.

If you believe that you have been constructively dismissed, don’t resign before speaking with an experienced Ontario employment lawyer at Samfiru Tumarkin LLP.

LEARN MORE
• Changes to your job in Ontario
• Do I get severance if I quit?
• Should I negotiate my own severance package in Ontario?

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.

Can my employer change my shifts through my employment contract?

Depending on the industry, some employment contracts in Ontario could contain a clause that allows companies to adjust the schedules or shifts of employees.

However, your boss can’t legally force you to immediately accept a new employment contract that would allow them to make changes to your shifts.

If you receive a new agreement from your employer, don’t sign anything until you speak with an experienced employment lawyer at Samfiru Tumarkin LLP.

We can review 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
• Employment Law Show: 5 things to know about employment contracts

Can my employer punish me for refusing a shift change?

Unless you signed an employment contract that gives your employer the ability to change your shifts or schedule, the company can’t make significant adjustments to your job to punish you for refusing the reduction.

Major modifications, such as a negative change to your work schedule, are illegal in Ontario.

If you refuse to work a radically different schedule, and substantial adjustments are made to the terms of your employment shortly after, contact Samfiru Tumarkin LLP immediately.

Our experienced employment lawyers can confirm that you have been constructively dismissed, assess your legal options, and ensure you receive the compensation you are owed.

LEARN MORE
• Employment Law Show: Reprisals at work
• Employment Law Show: What your employer legally can’t do
• Employment Law Show: Situations that trigger legal disputes

My employer is pressuring me to quit after refusing a schedule change, what should I do?

In Ontario, employers can’t pressure or force non-unionized workers to resign.

If your boss is influencing you to step down because you won’t work a different schedule, document their attempts. Keep any letters, emails, or text messages that show how management is pressuring you to quit.

Unfortunately, some employers can be extremely forceful and aggressive that staff resign because they didn’t feel they had another option.

If you are ultimately forced to quit your job for any reason, contact an experienced Ontario employment lawyer at Samfiru Tumarkin LLP.

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

SEE ALSO
• Employment Law Show: Facts about forced resignations
• Giving two weeks’ notice when quitting in Ontario
• Employment Law Show: How to handle a bad boss

Can my employer fire me for refusing a shift change?

Your employer can fire you for refusing to work a different schedule — even if your employment contract doesn’t give the company the right to make modifications.

This is called a termination without cause. Non-unionized employees in Ontario can be let go for any reason, as long as:

• They are provided full severance pay
• The reasons for their dismissal aren’t discriminatory

If you refuse to work fewer hours, but you previously agreed to a reduction in your employment contract, your boss might be able to fire you for cause.

In this situation, the company doesn’t have to provide you with a severance package and you can’t access Employment Insurance (EI) benefits.

LEARN MORE
• How to calculate severance pay
• Severance for provincially regulated employees
• Wrongful dismissal in Ontario: Your rights

Lost your job? Speak with an employment lawyer

If you are fired or let go for refusing to work fewer hours, or for any reason, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Toronto and Ottawa, serving clients across Ontario, can review your situation, enforce your workplace rights, and ensure that you receive the compensation you are legally entitled to.