Excessive Workload in Ontario: Your Rights When Work Becomes Too Much

If your employer keeps piling on new tasks, extending your hours, or assigning responsibilities that make it impossible to keep up, you may be experiencing an excessive workload. In Ontario, employers can make minor adjustments to job duties — but major, unilateral changes may be illegal.

In some cases, an excessive workload can lead to:

• Constructive dismissal
• Stress-related medical issues
• Required accommodations
• A claim for severance pay

Here’s what every non-unionized employee in Ontario needs to know.

What Is Considered an Excessive Workload?

An excessive workload goes beyond a busy week. It happens when your job becomes unmanageable or fundamentally different from what you were hired to do.

This includes situations where:

• Your employer adds major new responsibilities
• You’re expected to cover the work of multiple employees
• Your hours jump significantly without your agreement
• Deadlines and pressure increase to an unreasonable level
• You’re regularly working late nights or weekends
• You can no longer perform your job safely or sustainably

Can an Employer Increase Your Workload in Ontario?

A small increase? Yes.
A major increase that changes the nature of your job? No.

Employers generally have the right to make ordinary, day-to-day adjustments. But they can’t:

• Double your workload
• Assign duties far outside your job description
• Expect you to take on another person’s role after they leave
• Increase your hours beyond what’s reasonable
• Turn your job into something substantially different

When the change is significant enough that it “fundamentally alters” your role, the law treats it as though you’ve been terminated — even if you are still employed.

That’s constructive dismissal.

Excessive Workload and Stress: When It Becomes a Health Issue

A heavy workload that causes stress, anxiety, or burnout can become a medical issue — and Ontario employers have a legal duty to accommodate documented health limitations.

If stress from excessive work affects your health:

• Obtain medical documentation
• Your employer must consider accommodations (lighter duties, modified schedule, etc.)
• Your employer can’t discipline, demote, or terminate you for needing accommodation

In severe cases, stress-related illnesses may qualify for short term disability (STD) or long term disability Ontario (LTD) benefits. If your claim is denied, you have rights.

Can an Excessive Workload Lead to a Lawsuit in Ontario?

Yes — in the right circumstances.

You may have a legal claim if:

1. The Workload Increase Amounts to Constructive Dismissal

This happens when your role changes so dramatically that continuing in the job is unreasonable.

2. The Workload Causes a Medical Condition and Your Employer Fails to Accommodate

A refusal to accommodate protected medical limitations can lead to a human rights claim.

3. You Resign Due to Excessive Workload After Receiving Legal Advice

If the workload is a major change, you may be owed full severance pay in Ontario through a wrongful dismissal claim, which can reach up to 24 months for most employees.

How to Deal With an Excessive Workload: Practical Steps

If the job has become too much, here’s what to do before taking action:

• Document everything: new tasks, hours worked, emails, changes to expectations
• Speak to your manager: clarify roles, timelines, and whether the change is temporary
• Get medical help if needed: stress and burnout are legitimate health issues
• Do NOT quit without legal advice: resigning too early can jeopardize severance
• Contact an employment lawyer: assess whether the change is significant enough to be constructive dismissal

When Increased Workload Becomes Constructive Dismissal

A workload increase is likely constructive dismissal when:

• It drastically changes the core duties
• It significantly increases hours or expectations
• It creates an unsafe or unsustainable environment
• It forces you into a new role without your agreement
• It results from understaffing or internal restructuring

Example Scenario:

Your employer lays off two team members and assigns all their responsibilities to you. Your job duties double, your hours stretch late into the evening, and performance expectations remain the same. This is a major, unilateral change — and may qualify as constructive dismissal.

In these cases, you are legally entitled to full severance pay.

What to Do if You Believe Your Workload Is Excessive

If your workload has become unreasonable or harmful — or if your employer refuses to accommodate stress-related health issues — you should get legal advice before making any decisions.

You may be entitled to:

• Severance pay
• Compensation for constructive dismissal
• Human rights remedies
• Support for disability claims

Speak to an Employment Lawyer About Excessive Workload in Ontario

If your workload is overwhelming or affecting your health, you don’t have to navigate this alone. A heavy workload can be more than frustrating — it can be a sign of an illegal job change.

At Samfiru Tumarkin LLP, our employment lawyers in Ontario can explain your options, protect your rights, and determine whether you may be owed significant severance.