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Answered in 18 minutes by:
6/29/2010
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2,416
Experience: 25 years in practice
VerifiedI assume you are not in a trade union?
What is the length of time with the company?
This is management level?
What is the length of time with the company?
This is management level?
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
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., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2,416
Experience: 25 years in practice
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