Can my Employer Force Me to Work Part-Time in Ontario?
In Ontario, employers may make changes to an employee’s contract, without an employee’s permission. These changes may include reducing pay, drastically reducing an employee’s hours, changing an employee’s job title or duties, changing work locations, and other fundamental terms in an employee’s contract.
What should I do if my employer changes my job title, pay, or hours?
However, an employee does not have to accept any changes that an employer makes. If an employer drastically changes your work hours or other terms of your employment, you may have a case for constructive dismissal. Constructive dismissal occurs because the employer makes fundamental changes to the term of your employment without your consent, or when an employer creates a hostile or toxic work environment. If an employer changes the terms of employment significantly, you may be constructively dismissed and pursue full severance pay through a wrongful dismissal claim. The amount of severance you may be entitled to is dependent on several factors, including your age, length of service, position, and compensation.
Can my employer force me to work part-time in Ontario and can I refuse?
If you are asking yourself, can my employer force me to work part-time in Ontario, if I am currently a full-time employee, the answer is only if you agree to the changes in the terms of your employment. If an employer changes your work hours from full time to part-time, you may have a case for constructive dismissal. You must ensure you have clearly indicated that you do not agree with the changes in order to build a claim for constructive dismissal. If you wait too long before telling your employer that you do not agree with the changes, the employer may consider your inaction as acceptance to the changes.
Lastly, if an employer forces you to work part-time, then later terminates your employment, you may be entitled to full severance pay. If you are not provided with your full entitlements, you may be able to bring a claim for wrongful dismissal against your employer. It is best to speak with an experienced employment lawyer to determine your entitlements upon termination.
How can Whitten & Lublin help?
If your employer is threatening to reduce your work hours, change you to part time work, or is threatening to make any other fundamental changes to your contract, you may have a claim for constructive dismissal. Contact us for further information regarding your entitlements online or by phone at (416) 670 2667.
Author – Abby Leung