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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 85245
Experience:  Lawyer
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Hi, Ive been employed by a company in B.C. since October

Resolved Question:

Hi,
I've been employed by a company in B.C. since October 2012 as a Temporary Full Time employee with out any benefits. I have requested to become Permanent but they have moved me around from site to site and they say that I am only Temporary at each site. Is there a law that after a certain period of time, that they have to make me Full Time with benefits ?
Waiting anxiously for your reply.
Doug
Submitted: 9 months ago.
Category: Canada Law
Expert:  Legal Ease replied 9 months ago.
Thank you for your question. My name is XXXXX XXXXX my goal is to provide you with the best possible answer.

To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.

But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

There is no law that says you need to be made a permanent employee for benefits.

But there is a law that if you are provided with many short terms contracts at some point you will be treated as a permanent employee for termination pay purposes.

That would not be the case after under one year though.

It may be that you are not going to be treated fairly by the employer at any point and it might mean that you should start looking for a fairer employer at this point.

Let me know if you need any further clarification.
Customer: replied 9 months ago.

So you are saying that they can continue to employ me Temporary Full Time for as long as they want ?

Expert:  Legal Ease replied 9 months ago.
There is no way to stop them.

But at some point this may amount to constructive dismissal.

When an employer does something that fundamentally changes the nature of the employment so that it drives the employee to quit, this may be a case of constructive dismissal. This is usually the case when the employer reduces wages, cuts hours etc. It is also the case where the employer's conduct makes it intolerable for the employee to continue working.

If an employee does quit under these circumstances then the law is that constructive dismissal is wrongful dismissal and the employer will be liable for damages.

If you are considering this option it is crucial that you first consult with an employment lawyer so that you can get a legal opinion from an expert both about whether the facts amount to constructive dismissal and, as well, about what damages you may be entitled to.

Generally the damages would be equal to what you would receive had you been dismissed without cause. If that had been the case you would have been entitled to receive "reasonable" notice or pay in lieu of notice.

Generally, in determining what is reasonable notice Courts look at several factors including the length of time you worked for the employer, your age, your position, the likelihood of finding new employment etc.

At the high end, if you were in a managerial position, the Court would likely order one month's notice or pay in lieu of notice for each year of employment. If you were not in a managerial position the Court would order somewhat less.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 85245
Experience: Lawyer
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