Category: Employment Law

The short answer? Sometimes, but not always. Let’s break this down. Under Ontario employment law, an employer may adjust job duties in certain situations without seeking an employee’s consent. After all, businesses evolve, and roles shift. A company might restructure its reporting or redistribute workload.

That said, there’s a line. And once it’s crossed, the situation changes completely. If the change affects the core of the employee’s role, reduces status, impacts salary, or introduces entirely new duties that were never expected, it may no longer be a simple adjustment. It may qualify as constructive dismissal.

That’s where things get serious.

Can an Employer Change Your Job Duties Under Ontario Employment Law?

Yes, an employer can change your job duties, but only within limits. Ontario employment law allows flexibility, but not at the cost of fairness.

In most cases, courts look at what the employee originally agreed to. That includes the employment contract, the employee’s job description, and how the role functioned over time.

An employer change is more likely to be valid when:

• The duties and responsibilities stay similar in nature
• The pay stays the same
• The employee’s role and status are not reduced
• The expectations remain within reason

However, if the employer makes changes that feel like a completely different job, the law might see it differently, offering you different protections. It’s always good to know your rights and seek advice if you’re unsure.

The question becomes less about authority… and more about whether the change is substantial.

When Employers Can and Cannot Change Job Duties

Employers have some authority to manage their businesses as they see fit. That includes adjusting tasks, shifting priorities, or even asking an employee to take on new duties.

That said, there are clear boundaries. Employers can typically:

• Adjust minor tasks within the same job
• Reassign duties that are closely related to the original role
• Change reporting structure if it doesn’t reduce status

Employers cannot:

• Impose drastic changes without notice
• Change roles entirely without agreement
• Reduce wages, benefits, or title significantly
• Create a completely new set of obligations unrelated to the original contract

The nature of the job matters. A chief technology officer suddenly being asked to perform entry-level administrative tasks would raise serious questions.

Limits on Changing an Employee’s Job Duties

There’s a concept courts often look at: what was the job supposed to be? If the employee’s duties shift so much that the original employment agreement no longer reflects reality, the employer may have crossed into risky territory.

Key limits include:

• The employee’s job duties must remain consistent with the original contract
• The role should not be stripped of its core responsibilities
• The workload should not become unreasonable or unrelated

When an employer pushes beyond these limits, it may trigger legal consequences, especially if the employee never agreed to those changes in writing.

What Counts as a “Significant Change” to Job Duties?

A significant change is one that alters the foundation of the job. Courts don’t look at one small adjustment. They look at the full picture. What changed? How much? And how did it affect the employee?

Examples of significant changes include:

1. A major drop in salary or wages
2. Loss of benefits or compensation
3. Demotion in title or status
4. Removal of key responsibilities
5. A shift in reporting structure that reduces authority
6. Being assigned entirely new duties outside your field

Sometimes the change isn’t obvious at first. It builds slowly. Over time, the role looks nothing like what was originally expected. That’s where terms like substantial, fundamental, and material changes start to matter.

When Does a Change Become Constructive Dismissal?

A change becomes constructive dismissal when the employer makes significant or fundamental changes without consent, effectively ending the original employment relationship. In Ontario, this means the employee may be entitled to compensation as if they were terminated.

Courts often assess:

• Whether the changes were substantial
• Whether reasonable notice was provided
• Whether the employee accepted the new terms

Constructive dismissal can arise from:

• A major change in duties and responsibilities
• A reduction in salary or pay
• A shift in the job description that removes core functions
• Being forced into a completely different role

There’s also something called the changed substratum doctrine. Over time, if an employee’s duties evolve far beyond the original employment contract, that contract may no longer be enforceable. In other words, the original agreement no longer applies. This can have serious implications for termination, notice, and compensation.

Can You Refuse Changes to Your Job Duties or Your Job Description?

Yes, but carefully. An employee can refuse changes if they are significant or fundamentally alter the job. However, outright refusal without understanding the situation can create risk.

Before you accept or reject anything, consider:

• Are the changes minor or major?
• Do they affect your salary, benefits, or status?
• Do they align with your original employment agreement?

If the change feels like a completely different job, you may be entitled to treat it as constructive dismissal. Timing matters though. Waiting too long or continuing to work under the new terms may be seen as acceptance. It’s not always obvious in the moment.

What If There Is an Employment Contract?

An employment contract changes everything. If you signed written contracts that explicitly permit the employer to modify duties, the employer has greater flexibility. Some contracts include clauses that allow adjustments to duties and responsibilities as the business evolves.

But even then, limits still apply. For a contract to support major changes:

• The clause must be clear
• The change must still be reasonable
• The employer may need to provide reasonable notice

If the employer introduces new duties that go beyond the scope of the original employment contract, they may need to offer fresh consideration. That could mean additional pay, benefits, or some form of compensation in exchange for the change.

Otherwise, the change may not be enforceable.

What Should You Do If Your Employer Changes Your Job Duties?

First, don’t react emotionally. Step back. Then take a structured approach:

1. Review your employment agreement and job description
2. Compare your current duties to your original responsibilities
3. Document everything in writing
4. Ask your employer for clarification on expectations
5. Avoid immediately accepting or rejecting the change

If the situation involves significant changes, you should speak with an employment lawyer.

They can assess whether:

• The change qualifies as constructive dismissal
• You are entitled to notice or compensation
• The employer acted within legal limits

Every case is different. Small details often make a big difference.

Contact an Employment Lawyer for Legal Advice

If your employer has changed your job duties and something feels off, trust that instinct. You don’t need to figure it out alone.

An experienced employment lawyer can review your contract, assess the nature of the changes, and explain your options. Whether it’s negotiating new terms, seeking compensation, or understanding your rights, getting proper legal advice early can protect your position.

If you’re unsure where you stand, it’s worth having that conversation with one of our experienced employment lawyers. Sometimes what looks like a simple change… isn’t. Get in touch with our team today.

Stress is an everyday part of life, but what happens when it affects your ability to perform your job. Poor mental health, left unchecked can cause undue hardship and impact your well-being.

If you are suffering from a mental health issue and contemplating taking stress leave, it’s important to understand your employment rights.

Eligibility Criteria for Stress Leave in Ontario

In Ontario, sick leave is covered by the Employment Standards Act (ESA) . The ESA allows eligible workers to take sick leave for a personal illness, injury, or medical emergency. This includes mental health conditions such as stress, depression, anxiety and burnout.

Your rights are also protected by the Ontario Human Rights Code (Code). If your mental health issue is deemed a disability, your employer is obligated to make a reasonable accommodations for you.

Because stress can impact people differently, mental health leaves can vary. You may also be entitled to disability benefits under your employment contract, a group disability insurance policy, or your union’s collective agreement.

If you are suffering stress-related struggles, you need an employment lawyer who will fight to ensure you get the disability benefits you deserve.

The team at Walter Law Group is available to provide advice and guide you through the process of going on stress leave in Ontario.

Navigating the Process: How to Apply for Stress Leave

Work can be challenging, and some days are worse than others. However, if you are experiencing excessive stress, you should speak to a health-care professional about your issues and whether taking a medical leave would help.

There may have been a workplace incident that has impacted your mental health. Document any relevant information and tell your health practitioner.

You will need to provide your employers with written or oral notice. You will likely need a doctor’s note that outlines your condition. A medical note can also include the duration of an appropriate mental health leave.

There are legal options available if an employer refuses to acknowledge an employee’s medical condition or grant any stress leave. For example, an employee could be held liable for violating provisions in the ESA, the Ontario Human Rights Code or the Occupational Health and Safety Act .

An employee who is refused stress leave for a legitimate mental health issue may also be able to bring a claim for constructive dismissal and be eligible for severance pay.

Role of Healthcare Professionals in Stress Leave Documentation

Stress can lead to other mental health issues, such as anxiety, depression, and substance abuse. Researchers have also found a link between stress concerns and domestic or sexual violence. That is why it is essential to speak with your healthcare provider as soon as you are feeling overwhelmed.

Taking stress leave can be a challenge if you fail to take all the necessary steps. For example, you should keep track of what you are experiencing, write it down and report it to your doctor. Documented mental health information may help ensure you get the sick leave you require to help you get better.

A healthcare professional may be able to use that information to support their diagnosis of your ailment. And, in the end, it could result in a more complete medical note explaining the steps you have taken to recover and why a sick leave is warranted.

Understanding Employment Contracts and Sick Leave Provisions

Under the ESA most employees have the right to take up to three days of unpaid job-protected leave each calendar year due to a personal illness, injury or medical emergency. This is known as sick leave. Special rules apply to some occupations.

To be eligible, you must work for your employer either part-time or full-time for at least two full consecutive weeks prior to taking the time off.

If you are in a union with a collective agreement or you signed an employment contract, you may be entitled to additional sick leave and disability benefits over and above what is legislated by the ESA. You may even have extended health care benefits for psychological treatment.

This means you may qualify for sick leave beyond the minimum three days mandated by the ESA.

You are entitled to the greater protection provided either by an employment agreement or the ESA. For example, if your contract does not provide a greater right or benefit, then the ESA sick leave standard would apply.

It should also be noted that if you take one paid sick day off under your employment agreement, then you are deemed to have also taken one sick leave day under the ESA.

In addition, unused sick leave days cannot be carried over to the following year.

The Impact of the Ontario Human Rights Code on Stress Leave

“Every person has a right to equal treatment in employment without discrimination or harassment based on disability, among other grounds,” according to the Ontario Human Rights Code. That includes mental health disabilities and addictions.

That means an employer cannot fire someone or deny them a job or promotion if that employee takes stress leave because of a mental health issue.

Under the Code, employers must provide accommodations for workers up to what is considered undue hardship. In addition, employees are entitled to take stress leave for an extended period to recover from mental health and stress issues.

Your employer also has to accommodate a return to work to the same or comparable job when you are ready return to work.

Short-Term vs. Long-Term Disability: What Covers Stress Leave

Many employees are offered the chance to participate in workplace insurance plans when they are hired. Benefit plans vary, but your insurance policy can include such protections as bereavement leave, provisions for a nurse practitioner and income replacement.

You may have short-term disability (STD), long-term disability (LTD) coverage, or both.

As the name implies, short-term disability covers you for a limited period. Typically, STD benefits can last up to six months. If an employee takes a stress-related leave under an STD policy, their stress must be severe enough to make them totally disabled and unable to work.

After STD benefits end, long-term disability insurance benefits begin. If you don’t have short-term disability coverage, you may need to take an unpaid mental health leave and until your LTD claim is approved.

Employment Insurance and Stress Leave

If you are unable to work due to intense stress, and your employer does not provide STD benefits, you may be eligible for Employment Insurance (EI) sickness benefits, which can provide up to 26 weeks of income replacement, offering 55 per cent of your earnings up to a maximum of $668 weekly.

To qualify, you must have paid premiums into EI and prove that:

• you’re unable to work for medical reasons;
• your regular weekly earnings from work have decreased by more than 40 per cent for at least one week; and
• you accumulated 600 insured hours of work in the 52 weeks before the start of your claim or since the start of your last claim, whichever is shorter.

Employer’s Obligations Under Ontario’s Employment Standards Act

The Employment Standards Act is the law that protects workers’ rights, setting down the minimum standards for basic conditions of employment, including wages, work hours, public holidays and vacations, overtime, leaves of absence, notice and severance pay obligations upon termination.

The Act sets out the legal rights and obligations of employers and employees. The minimum ESA standards cannot be ignored by employers and apply even if they are not included in your employment contract. An employee cannot sign away their ESA rights.

Challenges and Solutions: Handling Denied Stress Leave Claims

Unfortunately, stress leave disability benefit denials are not uncommon. Even though you may feel you are entitled to a sick leave, your insurance provider may find a reason to challenge your claim.

If your stress leave claim has been denied, you can request an internal appeal. Like your original claim, the appeal will be handled by the insurer. You can also start a lawsuit to obtain your benefits.

It is important to get sufficient medical documentation and seek the support of a specialist who can provide evidence of your medical condition. You must also undergo any necessary treatment. Insurers commonly deny claims because the claimant does not seek help for their mental health issue.

Attempting to get benefits during a stress leave can be frustrating, and dealing with an insurance company denial can exacerbate your condition. That’s why you should get legal advice.

The experienced employment and disability team at Walter Law Group are here to help you navigate the insurance denial process. We will work tirelessly to ensure you receive the benefits you deserve while on stress leave.

Legal Support and Resources for Employees on Stress Leave

For those on stress leave, there are government resources, such as federal EI sickness benefits and protections provided by the Employment Standards Act and the Human Rights Code.

The Ontario government also offers family responsibility leave, which gives up to three days of unpaid, job-protected leave in the event of a family illness, injury, or family-related emergencies.

For more than three decades, the team at Walter Law Group has been trusted as experts in employment, disability and personal injury law. We are here to protect your rights, and we will vigorously advocate on your behalf.

Contact us today so we can begin working for you.

Downsizing is an unfortunate fact of employment life, as witnessed by the many layoffs documented last year. And executives are not immune from this reality.

Being terminated can be traumatic and the steps you take when it happens can have a long-lasting impact on your life.

A World Economic Forum survey released in May 2023 found one-quarter of jobs are set to change within the next five years. Reuters reported about 69 million jobs will be created and 83 million eliminated by 2027.

The employment landscape is in constant flux. Both employers and employees face the challenge of labour market churn, the term used to describe the constant movement and turnover of workers.

Labour market churn reflects the changing demands of businesses, advances in technology and evolving consumer preferences. As companies strive to remain competitive, they will restructure, merge or even downsize.

Labour market churn can benefit employees, offering the chance for higher pay and career advancement. However, it can also lead to periods of unemployment.

If you have been “packaged out,” a severance package can help as you transition to the next stage of your career. That is why you should consult an experienced employment law firm that will work diligently to ensure your rights are protected. At Walter Law Group, we will examine every detail of your severance package with an eye to your future.

Using a severance pay calculator

It is not uncommon for people to go online to research employment law issues and severance entitlements. One supposedly helpful tool is a severance pay calculator. The idea is simple enough. You are prompted to answer such questions as your age, length of employment, salary and type of job. You then receive a range of what you can expect in terms of the months of severance with the proviso that the information is a guideline and not a substitute for legal advice.

You have basic severance entitlements under the law. The Ontario Employment Standards Act (ESA) mandates a minimum severance pay of one week of pay for every year employed up to a maximum of 26 weeks. Federally regulated workers can receive two days of pay for every year of service under the Canada Labour Code.

You qualify for severance pay under the ESA if your employment is terminated and:

• you have worked for the employer for five or more years (whether continuous or not) and;
• your employer has a global payroll of at least $2.5 million or severed the employment of 50 or more employees in a six-month period because all or part of the business is permanently closed.

Under the Canada Labour Code, you are entitled to severance pay if you have completed 12 consecutive months of continuous employment in a federally regulated industry.

It should be noted you would not be entitled to severance pay or even notice of termination if you have been fired for cause

A severance pay calculator is only helpful in providing the most cursory feedback in uncomplicated scenarios. However, as an executive, you are generally entitled to more financial remuneration and benefits than a regular worker. That is because the executive pay structure differs from what other employees receive and typically consists of salary, annual incentives, long-term incentives and benefits. This will have a bearing when determining the appropriate compensation package.

Because only basic information is required to calculate severance entitlements, critics view severance pay calculators as little more than marketing ploys to entice potential clients to book consultations.

The danger is the lack of detailed information could result in users having an overinflated estimate of their entitlements. Conversely, if someone gets a low estimate, they could be inclined to settle for an inferior package offered by the employers, leaving thousands of dollars on the table. This is why it is essential to seek advice from a lawyer who is experienced in severance issues.

Factors influencing your severance package

Some established factors help guide employers and employees when it comes to determining an executive severance package. They can include age, length of service, salary, benefits, commission, bonuses, pension or RRSP contributions, profit sharing, stock options and future employability. However, there is no universal formula that applies in each situation. Determining severance can be a complex process and will largely be determined by individual circumstances.

Your severance package can be limited to what has been agreed to in your employment agreement. However, it is important to remember that these contracts are not always as iron-clad as your employer would have you believe. It can come down to how the specific language contained in the agreement is interpreted.

An experienced severance lawyer will do a deep dive into your contract. Did your duties or responsibilities change during the course of your employment? If so, were you offered a new contract? Courts will not hesitate to invalidate an employment agreement that fails to meet the letter of the law. That is again why it is in your best interest to consult with a knowledgeable lawyer who can determine if your rights have been breached.

The Employment Standards Act provides a framework for severance pay in this province but common law supplements ESA minimums when it comes to your notice period. In Ontario, an employee must be given notice of termination if they have worked continuously for a company for three months. If not, the employee could be entitled to damages.

Several other factors can have an impact on an executive severance package, including company size, competition for high-performing executives, type of industry, employee performance and economic conditions.

How to negotiate a severance package in Canada

The internet provides a wealth of information on a seemingly endless variety of topics including employment law. Unfortunately, it is not always accurate, which is why it makes sense to seek qualified advice when negotiating your severance package.

During the shock of a termination, your employer may pressure you into accepting a quick deal. But before you enter any negotiation, it is imperative that you understand your legal rights and obligations. Does your severance agreement contain a non-compete clause limiting your employment options? Is that clause enforceable?

In a negotiation, you want to clearly understand your legal rights and ensure you get what you deserve.  Monetary details such as severance pay, stock options and bonuses will be paramount. But don’t forget to include such things as health insurance along with outplacement and retraining services.

Prepare for counteroffers and weigh every concession and trade-off. A release from a restrictive covenant such as a non-compete clause may be worth taking less severance pay if it means you can move on to a new job.

The importance of legal counsel

Employment law can be complicated and negotiating an executive severance package can present challenges that require legal expertise. A lawyer can help minimize your legal risks and exposure.

Many people are facing termination for the first time but the team at Walter Law Group has decades of experience and can protect your interests, negotiate better terms and offer the emotional distance that can provide peace of mind during a tumultuous period in your life.

Chances are, if you are considering hiring an employment lawyer you already need one. Even if you are still undecided, it is in your best interest to sit down with someone to discuss the merits of your case. Seek out a lawyer who is proficient in executive severance negotiations. Someone current on the latest developments and court rulings in employment law can guide you through challenging legal waters.

A knowledgeable severance lawyer is also able to negotiate a payment structure to lower taxes and liabilities and ensure that any necessary release terms do not impose any unreasonable requirements.

We are severance lawyers you can rely on

When someone has been terminated, they typically just want to put the ordeal behind them so they can move forward with their lives. At Walter Law Group, we understand that.

However, before you sign anything, talk to a lawyer who will negotiate, advocate and litigate expertly on your behalf. Our team will do a comprehensive Severance Package Review to determine if you are being treated equitably.

The compensation you receive should be based on your circumstances and take into account what you were paid at the time of dismissal, including salary, bonuses and/or incentive payments, allowances, stock options, profit sharing, restricted share units and long-term incentive plans. There are other details, such as payment for unused sick days and vacation days or provisions for retraining which may not seem significant but may still need to be considered.

Remember too that even though you may have an employment agreement that spells out your severance entitlements, it is not uncommon that these provisions are unenforceable or fail to fully protect your legal rights.

Don’t take a chance with your future, contact us today.