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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100993
Experience:  Lawyer
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I have a question regarding what is reasonable for time and

Customer Question

I have a question regarding what is reasonable for time and travel in the work place. I am a sales rep. living in London, ON. I have been told to call on the GTA even though there is opportunity in my local territory to do the same thing. This will involve on a good day 6 hours of driving to and from per day which technically leaves me 2 hours in the field! My boss has not committed to overnight stay if necessary or addressed travelling in inclement weather. I have a company car. What are my rights?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: oh sorry, I am canadian
JA: Has anything been filed or reported?
Customer: not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am in Canada can you help?
Submitted: 8 months ago.
Category: Canada Law
Expert:  Debra replied 8 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 8 months ago.

I am not sure what your question is specifically. Can you please explain what legal information you are looking for please?

Customer: replied 8 months ago.
my question is: is this reasonable for my employer to ask of me based on what I have told you?
Expert:  Debra replied 8 months ago.

I understand now.

Is this a change from what you have been doing so far or is this a new employer?

How long have you worked for the employer for?

Customer: replied 8 months ago.
this is a change. My normal territory is southwestern ON. I have worked for this employer for 4 years. Two years ago he had me drive to Niagara Falls 2 days a week and had to be there by 7:30am. This resulted in 10-12 hour days and a very stressful and unhealthy working situation.
The new situation with driving to the GTA every day will result in excessive hours spent. Atleast 6 hours driving, minimal and still expected to make my sales calls.
Customer: replied 8 months ago.
I am also concerned with safety: driving in winter conditions. He has not committed to overnight stay
Expert:  Debra replied 8 months ago.

The situation does sound like this is a clear case of constructive dismissal. What he is asking you to do is not the least bit reasonable.

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.

Your best next step should be to consult with an employment lawyer face to face.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-***-***-**** or(###) ###-####(within the GTA)

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.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 8 months ago.
your opinion makes sense and is exactly what I was thinking. I am 62 years old and looking for just a few more years before retirement. The likelihood of finding any employment that pays me what it does is slim. I really feel I am being treated unreasonably.
Would it be helpful to ask my employer what his expectations are of me with this new assignment and to answer if overnight is available and consideration for driving in inclement weather?
Expert:  Debra replied 8 months ago.

Sure but it is still not fair or lawful to do this to you, especially at your age frankly.

Customer: replied 8 months ago.
should I tell him I have received legal advise on this matter?
Expert:  Debra replied 8 months ago.

That makes sense.

Customer: replied 8 months ago.
thank you for your help
Expert:  Debra replied 8 months ago.

You are very welcome.

Please rate me before you leave the site so that I can receive credit for my work.

Thanks and take good care.