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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100428
Experience:  Lawyer
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Employer reduced my pay by $3/hr recently. Approached me and

Customer Question

employer reduced my pay by $3/hr recently. Approached me and said I either had to take a lay off or take $3/hr less. I had to make snap decision and need a job so therefore agreed. They technically stated my position no longer exists and moved me to a new title at the lesser wage however now I am expected to do my old job plus more duties at less money. I asked for a job description (which no other employee in my dept has as far as I know) and they provided me a typed paragraph and told me I had to sign it. NO other employee has to sign a job description. I have not been reprimanded or disciplined in the past etc and I have worked there for 5 plus years. Is this legal?
JA: Employment law can be complex. Fortunately, the attorneys we work with can answer any questions you have about a reprimand, and I'd like to match you with the person who's the best fit. Have you consulted a lawyer yet?
Customer: No
JA: Is there anything else important you think the Lawyer should know?
Customer: I am a union employee and have consulted a union rep as well but dont seem to be getting any answers.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
In most case this would 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. However in your case the situation is a bit different because you are in a union. Your union has to file a grievance and they must do so because you have been demoted for no reason. This would be in breach of your collective agreement. If they refuse to assist you then your next step would be to consult with a labour lawyer and consider lodging a complaint of unfair representation against the union.

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