Can my employer increase my workload in British Columbia?

In British Columbia, employers can’t significantly increase a non-unionized employee’s workload without their consent.

When major changes are made to your job without your approval, it’s very likely that you could treat the move 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.

However, you shouldn’t quit your job before speaking with 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?
• 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 increase my workload, is that legal?

Employment contracts in B.C. can contain a clause that gives employers the right to modify a non-unionized employee’s workload.

If you signed an agreement that includes this type of clause, your boss may have permission to make the proposed changes.

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 increase your workload, the company might ask you to sign a new agreement that does allow them to make changes.

In the event that you receive a new employment contract, don’t sign anything before seeking legal counsel. You don’t have to accept it immediately or a few days after your boss provides it to you.

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

Our experienced employment lawyers 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
• ’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 signing bonus or raise
• 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 increase my workload?

Unless your employment contract gives your employer the right to increase your workload, your boss can’t legally force you to accept potential changes without your consent.

As soon as your company notifies you of the modification, clearly state in a letter, email, or text message that you don’t approve.

It’s very important for non-unionized employees in B.C. to act quickly in this situation.

If you wait too long to object to the change, or continue working after your workload has been increased, your employer could argue that you have accepted the new terms of employment.

By immediately rejecting the adjustment in writing, your boss won’t be able to claim you were fine with it.

If you refuse significant adjustments to your job, and your employer goes ahead with them anyway, contact an experienced 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 a workload increase?

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

• Example: You are an accountant working in Richmond. Your boss wants to add several tasks to your weekly responsibilities, but your employment contract doesn’t give the company permission to do so. You clearly state in an email to your employer that you don’t consent to the proposed increase to your workload. Your boss 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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My boss is pressuring me to quit after refusing a workload increase, what should I do?

No matter how disappointed your employer is that you won’t allow the company to increase your workload, they don’t have the right to pressure or force you to resign.

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

Unfortunately, pressure from management can be so aggressive that some non-unionized workers 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 workload increase?

In B.C., employers can fire non-unionized employees for refusing to let the company increase their workload.

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 boss would be able to justify firing you for cause in this situation, which would mean no severance package or access to Employment Insurance (EI) benefits.

Considered the “capital punishment” of employment law, this type of dismissal is reserved for the worst workplace offences, such as blatant disobedience, assault, or theft.

In order to terminate you for cause, your employer must prove progressive disciplinary measures were applied and that a lesser penalty wouldn’t be suitable, which is very hard 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 significant increase to your workload, 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 legally entitled to.