Canada Law

Ask a Canada Law Question, Get an Answer ASAP!

Ask an Expert,
Get an Answer ASAP!

Canada Law

My employer of ~10 yrs yesterday asked me if I would be

Customer Question
willing to reduce my hours...
My employer of ~10 yrs yesterday asked me if I would be willing to reduce my hours for November (initially; then 'see how things are going'), i.e., drop from 0.8FTE to 0.6FTE, to reduce my low utilization rate. My utilization is dependent on the company placing me on billable projects; there has been a shortage of billable projects of late. What questions should I ask the employer? What are the possible implications of accepting/declining their ask?
Submitted: 2 years ago.Category: Canada Law
Show More
Show Less
Ask Your Own Canada Law Question
Customer reply replied 2 years ago
I have not had low utilization like this since I was hired in 2006. I am quite confident the employer's ask is not related to a perception of poor performance, as there have been no indicators of such, ever. There have just been some lay offs last month, all in the admin/HR/executive suite areas and not frontline consultants who do client facing work, like me. I am an R.N. working in the role of Senior Management Consultant. I would be fine with being laid off, but do not especially want to drop my hours to 0.6FTE for even a short duration, and especially for an indeterminate (open-ended) duration.
Answered in 33 minutes by:
10/23/2015
Lawyer: Debra, Lawyer replied 2 years ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101,782
Experience: Lawyer
Verified

Has the employer said that if you say no everything's find and you will continue on as you are doing now?

Do you know what constructive dismissal is?

Ask Your Own Canada Law Question
Customer reply replied 2 years ago
No, the employer did not specify and I did not ask. I have a few questions prepared, and that is one of them; i wanted to know what questions you would advise me to ask, so that I am prepared. Yes, I understand constructive dismissal. Since the employer is asking whether I would volunteer to be paid less, there is not yet fulfillment of the criteria that would constitute CD, as I understand it.
Lawyer: Debra, Lawyer replied 2 years ago

It is constructive dismissal if you say no.

So if you don't want to do this then be totally clear to the employer that you are p not willing to take less pay or less hours or face a demolition in anyway and then you can resign and sue for constructive dismissal which is suing for wrongful dismissal if the employer insists.

Ask Your Own Canada Law Question
Customer reply replied 2 years ago
In fact, the employer suggested that I need not make up my mind until sometime in early November, as the timesheets are not due until mid month. This made no sense to me, as if I worked my usual 0.8FTE until mid November, then logging 0.6FTe worth of hours would 'short' me, unless I pulled back in a subsequent week. However, I do have a billable assignment starting so could not cut back those hours at that point. The employer suggests that cutting back to 0.6FTE would make me appear highly utilized (which she views as desirable - she receives pressure to have a high utilization rates as possible), as my new project's hours will be measured as a % against available hours.
Customer reply replied 2 years ago
demolition"?? Do you mean demotion? You have not yet addressed my question, which is what are the things I ought to ask when I seek clarification of the employer's request. Yes, one question is, 'What happens if I say no?". And if I do say no, and the employer does NOT insist, then presumably my position remains at 0.8FTE and they have the option to lay me off if they choose?
Customer reply replied 2 years ago
If I were to say 'yes', is it reasonable for me to request and receive a letter stating that a) the request is theirs, b) that the quality of my work is not in question, c) that the duration of the reduction is 1 month only, etc..???
Lawyer: Debra, Lawyer replied 2 years ago

Yes. That was a typo of course. Spellcheck does silly things sometimes.

I think your employer is simply trying to convince you to accept these changes which will benefit the employer and will harm you. So just remember that you do not have to do that and you can be treated as if you have been dismissed and then you will be entitled to receive reasonable notice or pay in lieu of notice and after 10 years that will be quite substantial.

Yes. It is reasonable to make all those requests.

Ask Your Own Canada Law Question
Customer reply replied 2 years ago
Do I need to get the HR person to put her ask of me in writing? it was only a conversation, so I have no proof of the ask. Do iI understand you last note correctly: I 'can be treated as if' i 'have been dismissed' - meaning, the employer might treat me as such, or that I can deem to have been treated as such? Earlier you intimated that I must resign to initiate a dismissal claim. That path is rather unappealing - are there options?
Lawyer: Debra, Lawyer replied 2 years ago

She can agree to let your hours remain unchanged and you can agree to a change. If you cannot reach an agreement then she can dismiss you or if she imposes those hours on you without dismissing you you can resign and sue for wrongful dismissal.

Yes you should have everything in writing.

Ask Your Own Canada Law Question
Ask Debra Your Own Question
Debra
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101,782
101,782 Satisfied Customers
Experience: Lawyer

Debra is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest.

MonikaCanada

This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.

MikeHalifax, NS

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tom B.

Tom B.

Barrister & Solicitor

2,263 satisfied customers

25 years in practice

LawyerProfessor

LawyerProfessor

Lawyer

836 satisfied customers

Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997

Debra

Debra

Lawyer

101,782 satisfied customers

Lawyer

Jeremie John Martin

Jeremie John Martin

Lawyer

839 satisfied customers

I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.

Sokkalaw

Sokkalaw

Lawyer

312 satisfied customers

Lawyer in Ontario, Canada

CaptanLaw

CaptanLaw

Lawyer

216 satisfied customers

I'm a criminal defence lawyer, who assists individuals charged with crimes.

Mark A

Mark A

Lawyer

179 satisfied customers

Canadian Lawyer working at a Canada Law Firm

< Previous | Next >

Related Canada Law Questions
I have real estate question. For canada. Need Canadian real
i have real estate question JA: What steps have been taken so far? Has any paperwork been prepared or filed? Customer: for canada. JA: Have you talked to a Canadian lawyer about this? Customer: nope..… read more
Debra
Debra
Lawyer
101,782 satisfied customers
I am in Ontario Canada and my landlord wanted us to sign an
I am in Ontario Canada and my landlord wanted us to sign an illegal new lease, we refused and they harassed us repeatedly to sign new terms. Since we refused, they are now siting medical marijuana bei… read more
Debra
Debra
Lawyer
101,782 satisfied customers
I am a victim of scam. Do you have any associate in Calgary
Do you have any associate in Calgary I can refer to directly … read more
Debra
Debra
Lawyer
101,782 satisfied customers
If you can't work for a while when you've been hit from
If you can't work for a while when you've been hit from behind in a minor açcident and your job doesn't pay sick days what do you do for income? … read more
Debra
Debra
Lawyer
101,782 satisfied customers
We helped our son financially with the understanding we
We helped our son financially with the understanding we could build a home on the property of which at the time my husband and I were named on, however when the mortgage was renewed they requested our… read more
Debra
Debra
Lawyer
101,782 satisfied customers
My former husband is in contempt of a USA child support
My former husband is in contempt of a USA child support order. He lives in Montreal, Quebec. How do I go about registering the order for enforcement in Quebec? … read more
Debra
Debra
Lawyer
101,782 satisfied customers
Great! I have completed my application for citizenship and
Great! I have completed my application for citizenship and have just two questions. Can you help me with them? … read more
Debra
Debra
Lawyer
101,782 satisfied customers
I had a meeting with my CAS worker today, I asked for a copy
Hello. I had a meeting with my CAS worker today, I asked for a copy of the file disclosure and she denied it, is she allowed to do it? How do I go abouts getting the disclosure? … read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,075 satisfied customers
Citizen and worked in usa on work permit and found I was set
My name is***** am Canadian citizen and worked in usa on work permit and found I was set up in 2009 nov to work in Michigan by parent company LtC global CIO who send me against recently purchased bank… read more
Debra
Debra
Lawyer
101,782 satisfied customers
I am a tile installation company. I'm in Canada. I am owed
i am owed 35 000 dolllars. Have waited 30 days based on my contract. No payment has been made.… read more
Debra
Debra
Lawyer
101,782 satisfied customers
My common law has been separated for 9 years but not
my common law has been separated for 9 years but not divorced. We own a house together . Is his wife entitled to our home and his pension? … read more
Debra
Debra
Lawyer
101,782 satisfied customers
I m going to break a employment agreement, where it states
i m going to break a employment agreement, where it states that if i break my contract i have to pay some amount for number of billable hours i worked. so is this billable hours are client billable or time from when i started getting billed even if i am not on the client side … read more
Debra
Debra
Lawyer
101,782 satisfied customers
My home is 3 days past the 20 day period. how before we have
my home is 3 days past the 20 day period . how long before we have to leave the longest and the shortest?:( … read more
Debra
Debra
Lawyer
101,782 satisfied customers
If I've saw my girlfriend (now ex) type in her password and
If I've saw my girlfriend (now ex) type in her password ***** subsequently, logged on to her Facebook numerous times and on her email once, would her police report prompt a criminal investigation and … read more
Debra
Debra
Lawyer
101,782 satisfied customers
My ex husband wants FRO costs to be paid by me. It is
My ex husband wants FRO costs to be paid by me. It is 1,000.00. He can't obtain this from me because the judge did not order it. However he says he is going to put a lein on my house if I don't pay hi… read more
Debra
Debra
Lawyer
101,782 satisfied customers
Are there different types of drivers tests? I do not have a
no. I asked for a memory test since my mom and 1 brother have Alzheimer … read more
Debra
Debra
Lawyer
101,782 satisfied customers
In calgary,Ab Canada. But my case is under investogation and
Yes. But my case is under investogation and they said that there is nothing but wait to eithed get charge or nothing. … read more
CaptanLaw
CaptanLaw
Lawyer
Juris Doctor (Law Degree)
216 satisfied customers
I have been working with a security Company for more than 3
Hi, I have been working with a security Company for more than 3 years. My rate is 11.50 per hour. Recently, I found another security who has been working with us only for a couple of months is receivi… read more
Debra
Debra
Lawyer
101,782 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x