Can my employer change my job?

This article was originally published by The Hamilton Spectator.

Q: My employer is trying to change my job – can they do that?

A: The answer — every lawyer’s favourite — is that “it depends”.

Courts have long accepted that employment relationships are expected to develop and change as they continue. This means your employer is typically within their rights to make some changes to your duties, your reporting structure, and even your salary.

But there are limits. Your employer cannot make drastic changes to fundamental terms of your contract. For instance, your employer cannot tell you that you’re now a janitor when you used to be the human resources manager. Similarly, your employer can do an internal restructuring, but courts will frown upon changes like forcing you to report to a co-worker who used to report to you. And Ontario courts have generally not allowed employers to cut salaries by 20% or more.

As an employee, you have three options if your employer tries to unilaterally make fundamental changes to your job. You can accept the changes (including by saying nothing and going along with the changes); reject the changes and tell your employer you wish to keep working on the existing terms of employment; or — the nuclear option — you can resign your employment and sue for constructive dismissal.

Whether you’re an employee or an employer, what you say and when you say it will take on significant importance if the matter ends up before a judge, and so it’s very important to seek legal advice when navigating these types of situations.

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