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my employer hired an individual to my position with out giving…

my employer hired an individual...
my employer hired an individual to my position with out giving any notice to me while I am still in the position and confirmed that the candidate accepted the offer. I am in a director's position and have been employed at this level last 4 years in Canada. We moved over from Toronto to this expensive city (Vancouver) last year and purchased house, and now we feel we are stuck. I might want to relocate back to Toronto due to cost of living. What all my options here?
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Answered in 18 minutes by:
6/29/2010
Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2,415
Experience: 25 years in practice
Verified
I assume you are not in a trade union?
What is the length of time with the company?
This is management level?
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Customer reply replied 8 years ago
Non unionized;
4 years of length of service;
Yes. this is a management level position.
I assume no written employment agreement. Never do this again.

Employees are so trusting. You packed up and moved across the country and now the employer has changed everything.

When an employer drastically changes the terms of employment, the employee can quit and claim that they were actually fired and sue for wrongful dismissal. The problem is that employers are allowed to do such things absent a Union or a written employment contract. They just have to give notice to terminate or give pay instead. The rule of thumb for a manager is one month's severance for every year of service. Four months pay if you quit is not going to solve your problem. Having said that, I think a court could be convinced to give you more because you invested in the company by relocating. All this is just proposed legal argument of course and the real stuff costs money and you never know what a judge will do.

I would go to the employer and request a transfer back. Put it in writing.

If I was advising the employer I would assure them that they are going to have to pay you something if you quit. Maybe just a couple of months wages but maybe a number of months in these circumstances. Court costs as well.

If you are redundant then you need to speak to an employment lawyer who will listen to all of the facts. One single detail can change a lot.

Here is a link to the Lawyer Referral Service. You will get a few names of lawyers who will meet with you at little or no cost.
http://www.cba.org/bc/public_media/main/lawyer_referral.aspx

This is not a happy situation. Alas, all you can do is go back to the people who lied to you before and negotiate hoping they will not lie again or spin the wheel of chance in a court of law.

Tom


Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2,415
Experience: 25 years in practice
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Customer reply replied 8 years ago
Tom,

Thanks for your detailed response.

I am working with my company, while I still have some senior personnel's support. See what happens.

Thanks again.

Sriram
All my best to you.
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Customer reply replied 8 years ago

Tom,

 

Today my company has announced to my staff about the change. I havent got anything in writing yet. Whilke they want to stick to what they presneted (MBA sponsoring, reduction in my pay) and the role at the next level below is not defined. The new hire whi is porposed to be my boss starting next monday, has managed to insult me in the very first telephone meeting callling I failed, how do I still in the company after I got fired? Whereas my company's story is we need more horse power hence we are bringing in higher level talent and I will be in the development/succession role for the positions I am giving away.

 

But my boss says giving it a try doesnt forefeit my rights for claim. If after sometimes I dont find what is offerred to me doesnt work, i can still treat this as constructive dismissal, as they have changed the conditions on their own.

 

Can you pls comment on this?

It is getting worse.

The boss is somewhat correct in that you can raise these issues in a court but also somewhat wrong because you will have a new employment agreement. If they offer you an new position and YOU ACCEPT, then the terms if that agreement prevail. If Boss thinks that all previous employment history will not be effected, ask him to put it in writing. Then follow my advice and have a sit down with a lawyer. Do not agree to anything or sign anything until you have.

It is time to accept my advice or not.

Cheers.

Tom
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Customer reply replied 8 years ago
Hi Tom,

Thanks again. Do you have some labor lawyer in Vancouver who can assist me over the weekend? The new person starts on Monday and I have been presented an offer with the following message:

*******************************************************************************************

Sriram,

As discussed, see the attached offer letter describing the terms of your continued employment with Newmont. Your duties in this role will include a variety of HR functions to support the Hope Bay project and will be further defined as our HR organization evolves with our discussions with Debbi Ross next week. In addition to the terms outlined in the letter, I’d also like to note that the exceptions to the Tuition Reimbursement Program that you’ve requested (reimbursements at 100% and pre-payment of eligible expenses) have been approved.

I know this is a difficult decision for you, but I sincerely XXXXX XXXXX will continue with Newmont as you’ve proven to be a valuable asset to our organization and I’m confident you will succeed in this new role. However, your acceptance or rejection of this offer is required by July 7, 2010. If you choose not to accept our offer, we will then discuss an appropriate separation agreement with due consideration given to your tenure with Newmont and your organizational level.

******************************************************************************




Regards,
Sriram
I am sorry I do not have a name for you for over the week end.

Please accept if I have otherwise been helpful.
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