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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100458
Experience:  Lawyer
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I am the area recruiter trainer for WIS International. I

Customer Question

I am the area recruiter trainer for WIS International. I have been at my job for 14.5 years. been the ART since 2002. my new manager has been giving the training to the guy that was hired in January and I'm getting little to no hours now. I'm looking for other employment because I am not making enough. Can I sue for constructive dismissal?
JA: I think they do a wonderful job. All Experts must pass our rigorous 8 Step Expert Quality Process. This ensures that you get the most knowledgeable, trustworthy help anywhere on the Internet. You can learn more about it here: http://ww2.justanswer.com/expert-quality-process Because employment law varies from place to place, can you tell me what state this is in?
Customer: alberta canada
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think that is it
Submitted: 3 months ago.
Category: Canada Law
Expert:  Debra replied 3 months ago.

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 3 months ago.

The situation does sound like 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.

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.

Expert:  Debra replied 3 months ago.

Is there anything more I can help you with at this point in time?

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