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From Full-Time to Part-Time: Is It Legal in Ontario?
In Ontario, some employers try to make significant changes to an employee’s job, including cutting hours, reducing pay, or moving them from full-time to part-time work.
But can your employer legally force you to accept those changes? The short answer is no, not without your consent.
When an employer makes fundamental changes to your job without your agreement, it can amount to constructive dismissal, giving you the right to claim severance pay or damages.
This article explains your rights, what counts as constructive dismissal, and what steps to take if your employer forces you to work part-time.
When Employers Change Your Job Without Consent
In Ontario, employers may propose or attempt to make changes to an employee’s terms of employment, including:
- Reducing pay or salary
- Cutting hours or changing shifts
- Changing your job title or responsibilities
- Moving you to a different location
- Changing your reporting structure
However, under Ontario law, employers cannot unilaterally impose major changes to your employment contract.
If they do, and you do not agree, you may be entitled to treat the change as a termination and pursue a constructive dismissal claim.
What Is Constructive Dismissal?
Constructive dismissal occurs when an employer:
- Makes a significant change to the terms of your employment without your consent, or
- Creates a toxic or hostile work environment that makes continued employment intolerable.
For example, if you have always worked 40 hours per week and your employer suddenly reduces your schedule to 20 hours, that’s a fundamental change to your contract.
Similarly, if your salary is reduced by 30%, or your duties are drastically altered, the law may consider you constructively dismissed.
If constructive dismissal is proven, you may be entitled to full severance pay, just as if you were terminated without cause.
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“If your employer reduces your hours or changes your role without your consent, it may not just be a business decisio, it could be a constructive dismissal. Before accepting any change to your employment, speak with a lawyer to understand your rights and options.”
Can My Employer Force Me to Work Part-Time?
If you are a full-time employee in Ontario, your employer cannot legally force you to switch to part-time unless you agree to it.
You have the right to:
- Refuse the change if it’s a major reduction in hours or pay.
- Object in writing and make clear that you do not accept the new terms.
- Consult a lawyer before taking any further steps, such as resigning or signing new documents.
If you continue working under the new terms without objection, the law may interpret your silence as acceptance, which can weaken your constructive dismissal claim.
What If I Refuse to Work Part-Time?
If you refuse a change and your employer ends your employment, you may have grounds for wrongful dismissal or constructive dismissal.
In this case, you could seek:
- Termination pay or severance pay under the Employment Standards Act, 2000 (ESA); and/or
- Common law notice, which is typically higher than ESA minimums.
The exact amount depends on several factors, including your:
- Age
- Length of service
- Position and responsibilities
- Salary and benefits
For long-term employees, common law severance can be as much as 24 months’ pay or more, depending on the circumstances.
Practical Steps if Your Employer Cuts Your Hours or Pay
If your employer reduces your hours or tries to move you from full-time to part-time:
- Document everything. Keep emails, letters, and meeting notes showing when and how the change was proposed.
- Do not sign or verbally agree to new terms if you disagree.
- Respond in writing that you do not consent to the change but remain ready to continue working under your existing terms.
- Seek legal advice early before resigning or filing a complaint. A lawyer can help you protect your rights and assess whether you have a strong case for constructive dismissal.
What If My Employer Later Terminates Me After Cutting My Hours?
Even if your employer first reduced your schedule and later terminated your employment, you may still be entitled to full severance pay.
Courts in Ontario look at the totality of circumstances, including whether the earlier reduction was a sign of constructive dismissal or bad faith conduct.
Employers who impose unilateral changes and later terminate employees often face increased financial liability.
Key Takeaways
- Your employer cannot force you to move from full-time to part-time without your agreement.
- Major changes to your pay, hours, or duties may be considered constructive dismissal.
- You must object promptly and in writing to preserve your rights.
- If your employment ends, you may be entitled to significant severance pay under Ontario law.
Need Legal Advice About Reduced Hours or Constructive Dismissal?
At Achkar Law, we help employees across Ontario understand their rights when employers change the terms of their employment.
If your employer has reduced your hours, pay, or job status without your consent, you may be entitled to compensation.
Our team can review your situation, advise you on your options, and help you pursue the severance you deserve.
Contact Achkar Law
Contact Achkar Law today to speak with an employment lawyer about your constructive dismissal or reduced-hours claim.
Call toll-free: 1-866-536-2820
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©