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Myself and 2 others are workers in an assay lab. We were told…

Myself and 2 others are...
Myself and 2 others are workers in an assay lab. We were told we would get a raise by the end of the year, that the head offices were still working on it, then we found out everyone, even a new summer student, already all got raises. I am the Supervisor in the lab, and am making less than a dollar more than everyone else. I have been there for over 3 years. Is there something I can do
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Answered in 5 minutes by:
6/27/2010
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,060
Experience: Lawyer
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debra thal :

What is their explanation?

Customer:

they said that it could take up to a year to get my raise. and that they are working on it. but just today I found out that eveyone on the job site got raises as well

Customer:

I heard that the raises were given out as cost of living increases for all employees.

debra thal :



















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.

What you can do to find a lawyer is one of the following things.

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.

Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.

Here's the link to their website:

http://www.lexpert.ca/Directory/DirectoryContent/FindLawyersOrFirm.aspx

I hope that helps as a starting point.

Please click accept so that I can receive credit for providing you with this information.

Customer:

Thank you so much for the advice.

Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,060
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