Can employers in Ontario change a worker’s job description?

In most cases, employers in Ontario can’t make substantial changes to a non-unionized worker’s job description or duties without their consent.

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

• You signed an employment contract in Ontario 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 major modifications 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 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
• Can I resign without two weeks’ notice 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.

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

If your employment contract doesn’t give your employer permission to alter your job description, your boss can’t legally force you to accept potential changes without your consent.

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

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

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

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

If you refused significant adjustments to your job, and the company went ahead with them anyway, contact Samfiru Tumarkin LLP.

Our experienced employment lawyers can review your situation and help you secure full severance pay through a constructive dismissal claim.

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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 Ontario.

An experienced employment lawyer at Samfiru Tumarkin LLP 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 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.

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

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

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

• Example: You work for a tech company in Toronto. Your boss tells you that management wants to make significant adjustments to your job description, but your employment contract doesn’t give them 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?

While your employer might be very upset that you won’t let the company alter your job description, they can’t pressure or force you to resign.

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

Unfortunately, the pressure from management can be so intense for some employees that they 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 Ontario 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?

The short answer is yes. Employers can fire non-unionized workers in Ontario for refusing to let the company modify their job description.

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

However, 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 type of dismissal is reserved for the worst kinds of workplace offences, such as serious insubordination, theft, or assault.

Not only does your company have to prove progressive disciplinary measures were applied, but that a lesser punishment 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 change to your job description, 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 owed.