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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100017
Experience:  Lawyer
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Do I have rights when singled out of employee to move office location based on political r

Customer Question

do I have rights when singled out of employee to move office location based on political reasons? employer decision based on sterotype I should be moved away to do other job task.
Submitted: 1 year ago.
Category: Canada Law
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 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. Also, if when you are speaking of a stereotype you mean based on your gender, race, religion, colour sexual orientation etc then that would also be a case of discrimination and contrary to the Human Rights Code which would mean you should also consider a complaint to the Human Rights Tribunal.