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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 97977
Experience:  Lawyer
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Is it legal manager to change my employment contract from a

Customer Question

is it legal for my manager to change my employment contract from a salaried position to an hourly wage
Submitted: 8 months ago.
Category: Canada Law
Expert:  Debra replied 8 months ago.

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.

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.

For these reasons your next step should be to consult with an employment lawyer fact to face and you certainly should not sign anything until you do.

Customer: replied 8 months ago.
I thought that before I signed up for this was that I was already speaking with an employment lawyer as what was being offered on the site. Thanks for the suggestion but I still have not gotten the answer to my question if this is legal or not? and what are the factors to consider. I am sorry but for me to pay just get an advice to go see another lawyer I don't think its worth it, and want my money back. Sorry for the trouble.
Expert:  Debra replied 8 months ago.

I am a lawyer but I am most assuredly not your lawyer. I explained the law and I very much doubt you understood what constructive dismissal was before I told you what it was.

There is nothing unlawful in the sense that the employer cannot be charged but it is considered to be a breach of your employment contract which is why it is most likely the case that you can quit and sue for wrongful dismissal. I don't think you understood what I was saying.

Can you please re-read my entire first post and then this one and then post back again to let me know if you understand it anymore now that I've tried to explain further?

Customer: replied 8 months ago.
I apologize. I guess I was just frustrated on what is happening.
I did not mean to say that you are not a lawyer, I guess you are just not the right lawyer that can represent me if I should decide to file a complaint. So I have to look at scenarios with regards ***** ***** of contract :(
Expert:  Debra replied 8 months ago.

I understand how you feel but I really am just trying to help.

In almost all cases a court will say this is constructive dismissal.

But if you see a lawyer you can then retain the lawyer who may be able to send the employer a letter threatening a lawsuit and the employer may see it is best to stop trying to do this to you. The employer most assuredly doesn't want to be dragged into court.

It is not hard to find a lawyer in BC.

You can contact the BC Branch of the Canadian Bar Association 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 $25.

The number is:

(###) ###-####or 1.***-***-****.

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