From Full-Time to Part-Time: Is It Legal in Ontario?

Can my Ontario employer force me to switch from full-time to part-time?

Generally no. Your hours of work are a fundamental term of your employment contract. An employer who imposes a significant unilateral reduction in your scheduled hours without your consent may be committing constructive dismissal which gives you the right to treat the change as a termination and claim severance. The employer can propose a change, and if you agree, it is binding. But they cannot simply impose it without your consent, and your consent cannot be assumed from your continued attendance.

What happens if I keep working the reduced hours without objecting?

If you continue working under the new schedule for a significant period without raising any objection, a court may find that you accepted the change even if you were unhappy with it. This is the most common way employees inadvertently lose their constructive dismissal rights. If your employer has reduced your hours, object in writing as soon as possible, ideally within days. Get legal advice on what to say before sending anything.

What severance am I entitled to if I have a constructive dismissal claim in Ontario?

Where constructive dismissal is established, your entitlement is the same as for a termination without cause ESA termination pay, statutory severance where eligible, and common law reasonable notice calculated on your age, length of service, position, and the availability of comparable work. For senior or long-service employees, common law reasonable notice can represent a year or more of compensation. The full value of your compensation package including bonuses, benefits, and other elements is relevant to the calculation.

Do I have to resign to pursue a constructive dismissal claim in Ontario?

No not necessarily. In most cases you can continue working under protest, objecting to the change in writing while preserving your income and your legal rights. This is often the most practical approach because it maintains your income while your options are assessed. Resigning is not required, but if you do choose to resign in response to constructive dismissal, the framing and timing of that resignation significantly affects your claim. Get legal advice before resigning.

What if my employer cuts my hours and later terminates me?

Where an employer first reduces an employee's hours and later terminates them, Ontario courts consider the totality of circumstances including whether the earlier reduction was a component of constructive dismissal or bad faith conduct. Employers who impose unilateral changes and later terminate the employee often face increased financial liability because the conduct pattern demonstrates a lack of good faith. The earlier reduction may also be relevant to calculating the notice period if the total period of changed employment is considered.