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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99979
Experience:  Lawyer
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I will try and synopsize this. My question is, does the

Customer Question

I will try and synopsize this for you. My question is, does the following scenario have any basis for pursuing a constructive dismissal suit.
I have been working in car sales at a dealership. Some time ago I accepted extra duties posting and managing online listings. Accepted $125/wk with the promise of more. After more than 2 years of complaining and requesting improvements in the package, based on doing more than was asked finally this Spring the plan was changed to $1000/mth base ++ and all the leads, I was also asked to manage changing the website provider and helping build a new website. The next 3 months yeilded $2000, $2000, $1500. During that time I was asked to move to commercial accounts and outside sales. My online duties and by extension the extra income were reassigned. I had turned down the commercial position some time ago because the dealership was looking for it to be a part-time position with little compensation, I made it clear that this time it would have to be full-time with financial support to get started and build a book of business. I was led to believe that this would happen. In May I was still fully on the schedule and pursued commercial on my own time, in June I was given 2 days off the floor schedule, but still no pay plan or solid targets. I have been pushing hard for the last 2 weeks to make this happen properly. This morning I was informed that it was not going to be a full time position.
Anything here? Or too bad so sad?
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.

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