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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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I have an employee who started as part-time. Then we

Customer Question

I have an employee who started as part-time. Then we promoted him to a management job (which is not going well). Can I place them back at part-time or is this constructive dismissal? They were told the management job would be kind of a 'trial'. It's been six months and the company is losing money because of the bad management.
Submitted: 5 months ago.
Category: Canada Law
Expert:  Knowitalll replied 5 months ago.

Where I practice, the percent of contribution to the purchase price is never stated in a deed. It might be done in Maryland so as to establish cost basis for tax purposes. I don't know. It must be that, because the right of survivorship would result in the survivor owning 100%, regardless of the contribution. They could change that by executing a quit claim deed naming each other and the percentages of their ownership, but that would eliminate the property passing by survivorship. In summary, I can only suggest that you contact a local real estate lawyer for the specific and final answer to your question.

Customer: replied 5 months ago.
I don't think this response is for me.
Expert:  Knowitalll replied 5 months ago.

It wasn't. Please disregard.

Expert:  Legal Ease replied 5 months ago.

Has this employee received written warnings about concerns about his performance?

Customer: replied 5 months ago.
No, no written warnings
Expert:  Legal Ease replied 5 months ago.

It would most likely be considered as constructive dismissal but if there are concerns about his performance and you first provide him with written warnings then it would really be the same as a just cause dismissal.

So if you are worried about him suing you if he is demoted perhaps the best approach is to provide a written warning and with a clear message to improve or be removed from the position and then if he does not he should be happy to have his old job back.

Does that help as a starting point?

Customer: replied 5 months ago.
It is helpful however I have found a replacement already. There really is no chance this employee will improve for several reasons I won't go into. My last question is, what if I just terminated him outright (no demotion). His contract does state he can be terminated at any time with standard notice.
Expert:  Legal Ease replied 5 months ago.

If you have to dismiss him without just cause then a court would say that he is 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 he worked for the you, his age, his position, the likelihood of finding new employment etc.

At the high end, if he 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 he were not in a managerial position the Court would order somewhat less.

So the court would consider the time he was in management and then time before as well.

Customer: replied 5 months ago.
Ok thanks. We were going to offer 3 weeks notice instead of two. He has only worked there a little over a year, and only 6 months in management. Personally I would prefer to give him the option of continuing part time but I am concerned this would be deemed constructive dismissal.
Expert:  Legal Ease replied 5 months ago.

That sounds fair.

You can give him the choice of the demotion but all he would be entitled to if he were to sue is this few weeks anyway.

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