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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100945
Experience:  Lawyer
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A company offered me a job as a sight supervisor and pay a

Customer Question

A company offered me a job as a sight supervisor and pay a higher pay rate. I worked there for 2 days, and after that they told me they are going to give the position to someone else. They offered me a lower pay rate as assistant supervisor. I have sign a contract with them as sight supervisor and i have done nothing wrong. I have told them that i have another part time job, but with the new position that they are going to give me, which i have not accept it yet, i am going to have to lose my part time job. I already told them that financially i cannot do it because my part time job AND my regular job is the income that I need. I am just wondering if i am going to take action on it, is there anything i can do.
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
Did they lure you away from your former job?
What reason are they giving you for doing this to you?
Is your contract a fixed term contract?
Please answer back when you can and then I will answer in the morning.
Customer: replied 2 years ago.
they came to me with an offer for a higher position and a pay increase. I work contract security and the clients for that contract wanted to bring another person to be in my position of site supervisor after I had already started training. So now they want me to take the assistant position which would force me to quit my other part time job because the hours don't work but I had accepted under the assumption my hours would be the same. Along with taking my promotion away they are also trying to cut the pay that they had promised me for a position I didn't sign up for and have to quit my second job. My contract is not fixed with the company as I'm an employee of the company.They essentially promised me a position and because the client wanted someone else as the site supervisor after already hiring me on as that. I've been in a few meetings already regarding this and they are leaving me with pretty much no option except to take the assistant position with a possible pay cut. I'm not sure if they will reduce my pay because the regional manager, the one who brought me in said he is not going to let them do that so that is still pending. I'm not sure if it is legal though they are demoting me for no reason after already promoting me?
Expert:  Debra replied 2 years ago.

Generally this would be considered to 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.

But in your case the damages would be considered differently. That is because your harm is that you were lured away from another job and then demoted after that. So the harm is great and not limited to what you would otherwise be entitled to which after two days would be nothing at all.

For this reason is would make sense to consult with an employment lawyer as your next step.