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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101445
Experience:  Lawyer
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Currently working firm as Director of Operations. I have

Customer Question

Currently working for a firm as Director of Operations. I have always hired my staff with no involvement of ownership. I have had an associate resign for personal reasons and the owner of the company has decided he will now tell me who to hire for the replacement. He is an unqualified friend of the owners son and I feel that this will be a detriment to my group. It seems as though no matter what I say or who I interview I am wasting my time and my direct boss the President of the company has told me that I am.
It feels like ownership is removing part of my authority of my position even with a very proven track record of hire top level staff.
Is there anything I can do in this case as it makes me feel as if they are pushing me out with this decision.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Do you mean you feel like they are trying to get you to resign?

Customer: replied 1 year ago.
I feel like the owner and his son are trying to push me out by changing my authority in my position.
Expert:  Debra replied 1 year ago.

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 are 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.