Can an employer make me work for free in Ontario?

The short answer is no. If an employer in Ontario asks you to perform duties normally handled by an employee, it’s very likely that wages must be paid.

In some cases, companies misclassify staff as volunteers or independent contractors to avoid acknowledging certain employment rights, including:

Our legal system provides guidelines for determining whether someone should be classified as an employee.

If you believe that you have been misclassified as a volunteer or independent contractor, use our firm’s free Pocket Employment Lawyer tool.

ADDITIONAL RESOURCES
• Independent contractors in Alberta: Key rights
• Independent contractors in B.C.: What you need to know

Shoppers Drug Mart volunteer ad sparks outrage

The retailer landed itself in hot water after people felt that its ad for a part-time volunteer in Toronto should be a paid position.

Shoppers Drug Mart quickly closed the job post on LinkedIn — calling it “a mistake.”

LISTEN: Employment lawyer Travis Carpenter discussed the situation with Newstalk 1010’s Richard Crouse.

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• Can employers offer a free meal or shirt as compensation instead of wages?
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• Employment lawyer on S-Trip class-action lawsuit

Do employers have to provide financial compensation to volunteers?

Employers in Ontario don’t need to pay volunteers. The difference between a volunteer and an employee is the expectation to be paid.

If you believe that you should be receiving compensation for the duties you are performing, contact an experienced employment lawyer at Samfiru Tumarkin LLP.

We can review your situation and advise you of potential next steps.

Are unpaid internships illegal in Canada?

The short answer is yes. However, there are certain cases in provincially and federally regulated industries where unpaid internships are acceptable.

Normally, the Canada Labour Code (CLC) requires federally regulated employers to provide interns with at least minimum wage.

An exception would be an internship that is a mandatory component of an educational program.

SEE ALSO
• Employment Law Show: Things employers can’t legally do
• Employment Law Show: Things to never do before seeking legal counsel

My employer increased my workload instead of hiring more staff, can they do that?

While employers in Ontario are typically allowed to make minor changes to a non-unionized employee’s workload, a significant increase would require consent from the individual.

Exceptions: There are some situations where your boss might be able to modify the terms of your employment without breaching your rights:

• You signed an employment contract that gives the company permission to make changes to your workload
• You received reasonable notice of the increase

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.

If unwanted changes were made to your workload or another part of your job, there is a very good chance that you could 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 seeking legal counsel. We can confirm that you have been constructively dismissed.

ADDITIONAL RESOURCES
• Workload increases in Alberta: Employee rights
• Can my employer increase my workload in British Columbia?

Talk to an employment lawyer

If you are a non-unionized employee who needs help with a workplace issue, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Ontario, Alberta, and B.C. have successfully represented tens of thousands of individuals.

In addition to constructive dismissal claims, we can assist you on a broad range of employment matters, including:

Click here to contact us or call 1-855-821-5900 to get the advice you need and the compensation you deserve.