For the past 15 years I have worked in a medical clinic as an MOA. Last week, I was told that I have a heart condition that will require open heart surgery. I have no medical or extended health benefits from my employer and now based on the fact that I will be going for surgery and will require at least 8 weeks of medical leave, my employer has reduced my working hours by 50% because they need the working hours to train another employee.This reduction of hours means I will not be able to pay my bills and may have to file bankruptcy. Can my employer do this, do I have no recourse at all
Province/Territory relating to question: British Columbia
I called the labour board and they said because the reduction in hours is not more than 50%, my employer has done his homework and does not require to pay me my 8 week severance.
Hello:You can sue your employer for constructive dismissal. This is where an employer changes the nature of a job so significantly, without consent of the employee or notice to the employee that the fundamental job that the employee was hired to perform is no longer there, and so it is though the employee has been dismissed. The court can require that you be paid an amount of pay that you would have received in lieu of notice of actually being dismissed. Courts have ruled that the damages for notice in wrongful dismissal matters are not limited to the statutory amounts that are set out in the legislation, referred to by the labour board.We cannot give you opinions through this site, such as the likelihood of succeeding in such a claim or getting a settlement if you threaten such a lawsuit. You will want to speak to an experienced employment lawyer in person. You can get a referral to such lawyers for free through the BC branch of the Canadian Bar Association. Their lawyer referral program will give you several names of lawyers, and you can meet with them for an initial interview at $25.00, and have no obligation to hire any of them beyond that point.Here is the web address with information about that program:http://www.cba.org/bc/Public_Media/main/lawyer_referral.aspx
I know that I can see an employment lawyer for consultation. What I need to know is whether under BC employment law my employer can do this and what my chances of winning a constructive dismissal case are. I think for the amount of money I am paying you, I would have been better off waiting till Tuesday to see a lawyer face to face
Then please ask customer service for a full refund, which you are entitled to receive. The terms of service that you agreed to are clear that we do not give legal opinions through this site. It is for general information only. If there is any other point that you want information about I am happy to try to assist.41090.0236892708