In response to a tough economic environment, Canadian businesses have had to adjust some employees' job functions. Employers don't owe you a job for life, and you are always free to take a better job when it comes along. Your employer is entitled to change your job description to reflect that. The employment laws on changing a job description favor the employer in most situations. A job description may also include key performance indicators that your employee should keep in mind. My employer changed my job title and has given my old job to somebody else. However, you should document the reasons for the change carefully. For example, an employer could demote you, change your pay structure, cut your pay, cut your hours, change your schedule, change your job responsibilities, change your reporting relationships, require you to work at another site, and so on. Work at X for a while and either transfer in the company or find a new employer. Deliberately or not, the courts hold employers liable for “constructive dismissal” if the employer unilaterally changes a fundamental aspect of employment. Not only is your current employer more likely to take a chance on you — after all, you’ve (hopefully) already proven yourself — many companies specifically have programs that facilitate internal transfers of employees. Generally speaking, an employer can change a job description whenever it is convenient to the company. It is legal to change anyone's job duties if it has nothing to do with race, creed, color or whistleblowing. I have a meeting on Friday to discuss. In some situations, a change of job description requires negotiation with the employees or with a union. Examples include downward changes in pay, significant changes to job functions, and relocation of a job or office. Is this allowed and if not, what can I do under employment law? Of course, successfully transitioning to a … Since you have a contract, your question cannot be answered generally. Your employer may not, however, violate a law when changing your job description, job duties, pay, or other terms or conditions of your employment. Firstly, an employer does not have to provide an employee with a job description at all. One major difference is the new team isn't shift based so I would lose a good chunk of money which I currently receive as shift allowance I fear that my job role may be changing as my employer has asked me to look at a different job description. If you choose option 2, the key thing will be working at the employer long enough that there will be no question about your intent when you adjusted status. “Without enough notice, a unilateral fundamental change to an employee’s job duties is typically enough to breach the contract.” Pursuing a constructive dismissal case can be “very dangerous for an employee,” says Dvorkin because it is a very fact-specific process. Your employer has every right to make changes in all aspects of its organizational structure-including job titles-as the company changes. without your agreement). Just because the employer hired someone into a specific job does not mean that the employer is obligated to maintain that specific job no matter what transpires regarding technology, for … The other department is a slightly different job role.. probably enough of a change to force a change of contract. An employer may hire someone for a particular job and then the job is eliminated or changed over time. You should retain an attorney to review it … If you are an at-will employee, as many employees in the United States are, employers can usually change your job description, depending on state laws. As similar facts don’t always lead to the same results, especially in workplace law, my advice is to consider a mutual resolution instead of always marching to the courtroom’s doors. However, there are certain situations in which an employer can find himself in violation of the law should he … The job … The transition from one role to another doesn't have to be difficult, and it shouldn't feel like an inconvenience to you or your employees. I recently made the decision to go from full time to per diem. the surrounding circumstances known to the employer and the employee; and the purpose of the employment. Unlike marriage, a job description is not intended to be for life. Your employer generally may also change other aspects of your job at anytime, such as your work location, shift, number of work hours and pay. (Check with … If you feel that the change of job description is unwarranted and that you have been performing your duties and responsibilities excellent look for a lawyer. Even though you did not sign a new contract in the summer of 2012, you are likely to have been perceived as accepting the new job role (and contractual variation) by your subsequent conduct. When Employers Can Change Your Job Description In most states, employees are considered to be hired at will meaning that their employment is voluntary and they can quit when they want. It also means that their employer can change their job or lay them off as they see fit. Employees can decide to accept a change, and many contract terms are of course varied from time to time by mutual consent, for example a pay rise.

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