Can My Employer Change My Work Schedule?
The answer to this question will largely depend on whether your contract has any provisions concerning the change in work schedule. If there aren’t any such provisions, as is the case with many contracts, you could allege constructive dismissal, but that will involve a contextual analysis, and in many cases, the change in work schedule may not be considered drastic enough to be constructive dismissal.
Employers are typically allowed to adjust an employee’s work schedule to suit the needs of their organization. However, if an employee faces a drastic shift change, such as being required to work evenings and weekends on a regular basis with little to no notice, this can constitute constructive dismissal.
Can I Say No to a Schedule Change?
It depends on your employment contract and the nature of the change. If your contract allows for schedule flexibility, refusing a change might put your job at risk. But if your contract doesn’t mention scheduling changes—or if the change is so significant that it alters your job conditions—you may have the right to refuse.
You may refuse to accept the changes in work schedule, and if you do, your employer may terminate you – this would entitle you to a severance package. If you refuse to accept the changes and your employer does not terminate you but, for example, puts you on unpaid leave, you may declare yourself constructively dismissed and resign involuntarily. At that point, you would also demand a severance package.
Determining whether an employee has been constructively dismissed requires a contextual analysis with respect to the circumstances of the employee’s departure, employment, and the change that constituted the constructive dismissal. The onus is on the employee to prove that they have been constructively dismissed.
Can an Employer Change Your Schedule Without Notice in Canada?
In many cases, yes—your employer can change your schedule without warning, but that doesn’t mean it’s always fair or legal. Employers have the right to adjust work schedules to meet business needs, but they must still follow employment contracts, workplace policies, and provincial laws. If your contract states that your hours may vary, your employer may be within their rights to make changes.
For workers whose shifts are changed last-minute, and it results in them working a short shift under three hours, the Ontario Employment Standards Act provides that employees must be paid for a minimum of three hours’ work for such shifts. This applies to employees who regularly work over three hours daily. For the amount of time the employee didn’t work during the three-hour pay period, wages will be calculated based on the employee’s regular rate.
Can My Employer Change My Job Role Without My Consent in Canada?
Employers cannot significantly alter your job without your agreement to change the employment relationship. While small adjustments to duties are normal, significant changes—such as a demotion, pay cut, or entirely new job responsibilities—could amount to constructive dismissal. If your job is no longer what you agreed to, you may have the right to push back, negotiate severance, or take legal action.
We’ve seen many employees feel pressured to accept job changes they never agreed to. If your job has shifted in a way that hurts your career or financial stability, you don’t have to accept it—we can help you fight back.
Can My Employer Change My Timesheet in Canada?
Your employer cannot alter your timesheet to reduce your hours or deny overtime pay—that’s wage theft, and it’s illegal. In Ontario, the Employment Standards Act requires employers to pay you for every hour worked, including overtime if you qualify. If your timesheet has been changed without your knowledge or consent, you may have grounds for a legal claim.
At Whitten & Lublin, we help employees stand up to wage violations, whether it’s missing hours, unpaid overtime, or illegal payroll deductions. If your employer is tampering with your work records, don’t let them take advantage of you—reach out to us, and we’ll help you fight for what you’re owed. Contact us online or by phone at (647) 951-0342 today.