Can my employer increase my workload in Ontario?

Employers in Ontario can’t substantially increase a non-unionized employee’s workload without their consent.

If you refuse major modifications to your job, and your company proceeds with them anyway, 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.

However, you shouldn’t quit your job before speaking with an experienced Ontario 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 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.

My employment contract says my boss can increase my workload, is that legal?

In Ontario, employment contracts can contain a clause that gives employers permission to modify a non-unionized worker’s job duties or responsibilities.

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

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

In the event that you receive a new employment contract, don’t sign anything before contacting Samfiru Tumarkin LLP. Your boss can’t legally force you to accept it immediately or a few days after it was provided to you.

In many cases, these agreements take away key protections that would otherwise be available to you. Being able to alter your workload might not be the only change that the new contract allows your boss to make.

Our experienced employment lawyers can review the agreement 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

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

Potential benefits could include:

• A 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 connecting with our firm.

SEE ALSO
• Pay raises: Rights for employees in Ontario
• Vacation Pay in Ontario: Your Rights

What should I do if I don’t want my employer to increase my workload?

Unless your employment contract gives your boss the right to increase your workload, the company can’t force you to accept major modifications without your consent.

If you don’t approve of the changes that your employer wants to make to your job, reject them in a letter, email, or text message as soon as possible.

Timing is crucial. If you wait too long to object to the adjustments, or continue working after they are implemented, the company could argue that you have accepted the new terms of employment.

By immediately rejecting any modifications to your workload in writing, your boss won’t be able to claim that you were fine with them.

If you refused substantial changes to your job in writing, and your employer went ahead with them anyway, contact an experienced Ontario employment lawyer at Samfiru Tumarkin LLP.

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

SEE ALSO
• Severance pay in a recession
• Employment Law Show: Situations that trigger legal disputes
• Employment Law Show: Facts about the termination process

Can my boss punish me if I object to a workload increase?

The short answer is no. Employers in Ontario can’t discipline or threaten to discipline non-unionized workers for asserting their workplace rights.

• Example: You are an office administrator in Mississauga. 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. The company can’t demote you, cut your pay, reduce your hours, or force you to relocate to another office as punishment. These types of modifications are illegal in the province.

If your boss punishes you or threatens to punish you for asserting your rights, that is a reprisal and you should reach out to Samfiru Tumarkin LLP immediately.

SEE ALSO
• 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 workload increase, what should I do?

While your employer might be extremely upset that you refused a workload increase, the company doesn’t have the right to pressure or force you to resign.

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

Unfortunately, pressure from management can be so intense in some cases that non-unionized employees don’t feel they have any other option than to resign.

If you are forced to quit your job for any reason, speak with 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.

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?

Non-unionized workers in Ontario can be fired if they refuse to let their employer increase their workload.

This is known as 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

In this situation, it’s very unlikely that your boss would be able to justify firing you for cause — meaning no severance package or access to Employment Insurance (EI) benefits.

Considered the harshest punishment in a company’s arsenal, it’s reserved for the most serious workplace offences, such as blatant disobedience, assault, or fraud.

Not only would your employer have to prove progressive disciplinary measures were applied, but that a lesser penalty wouldn’t be acceptable, which is very hard to do.

LEARN MORE
• Wrongful dismissal in Ontario: 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 Ontario, Alberta, and B.C. 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.