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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 84178
Experience:  Lawyer
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I submitted my letter of resignation on Wednesday after I felt

Resolved Question:

I submitted my letter of resignation on Wednesday after I felt I was pushed over the line. I worked in an office where my team was 6 including myself. One left last October and was replaced this past January. That person left in May. 3 of the 5 remaining workers all have 5 or more weeks of vacation which they took between June & Sept. To maintain client accounts and work level standards - I worked an average of 65 hours a week. As the Supervisor I had to make decisions on moving some of the workload to alternate locations. Now that the staff have returned to work - they challenged my decisions and my work ethics. My boss - the branch manager failed to support me. I felt I could not continue. Am I entitled to any pay for all the time I worked even if it wasn't documented.
Submitted: 6 months ago.
Category: Canada Law
Expert:  Legal Ease replied 6 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.

The situation does sound like this may be a case of 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.

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.

In terms of what you are owed, aside from these possible damages, if you are not salaried then you would be entitled to be paid for all wages you earned though in most cases managers are not entitled to over-time,.

You will need a lawyer to review your employment contract and your facts to see what you would be entitled to over all.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

204-943-2305 or toll free 1-800-262-8800

Let me know if you need any further clarification.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 84178
Experience: Lawyer
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