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Ive been working for a major company as a sub-contractor…

Customer Question
Ive been working for...

Ive been working for a major company as a sub-contractor (but still wearing the uniform and abiding to their rules, etc), my boss gave me a raise due to my merit and then when people found out about it... he took it away.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

I’m in Alberta Canada

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

I’m full time hours

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, I walked out because I couldn’t handle the abuse from him and the other employees, he wrote me a letter of recommendation and then asked me back. I came back because it’s Christmas time and I’m very stressed out and was hoping he would reconsider

Submitted: 4 months ago.Category: Canada Law
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Customer reply replied 4 months ago
To make a long story short, he had not. In fact , more work has been put upon me
Customer reply replied 4 months ago
I make $9/hr +$1/delivery. All the drivers have made that for as long as I have known. Recently, the minimum wage went up from $12.20/hr to $13.60. Because I do just as much work as the in store people is why I asked for the raise. He saw me work for himself and agreed that I was worth it. I told him if he gave me minimum wage he could keep the dollar/delivery and just pay me minimum wage.
Customer reply replied 4 months ago
Btw, when the hourly employees went up, all the drivers stayed the same
Customer reply replied 4 months ago
Also, we had a conversation about him keeping the raise quiet, but finding a way to still give it to me. All documented on txt msgs etc.
Customer reply replied 4 months ago
I’m also willing to have everyone and anyone supinad to verify that
Answered in 4 hours by:
12/11/2017
Lawyer: Debra, Lawyer replied 4 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 103,985
Experience: Lawyer
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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.

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Lawyer: Debra, Lawyer replied 4 months ago

I am sorry to hear this.

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.

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
***-***-**** in Calgary

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.

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