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I've been working for a private school for over 14 years &

I've been working for...

I've been working for a private school for over 14 years & have been praised over & over again for my work ethics & contribution to the school. 4 years ago I was ask to perform and supervise work to be done during the summer break. I did as per previous year, the difference this time is that they refused to pay me my 3 weeks holiday pay citing not in the budget as an excuse.

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

The school was going thru some administration changes at the time & I did not press the issue until I was sure of who was responsible. I was told last week by the school financial director the it was the previous Headmaster that requested that I not be paid. I was extremely surprised since he has been my strongest supporter over the years.

Lawyer's Assistant: Has anything been filed or reported?

To make a story short, now that I made a request for the school to pay was is rightfully mine, I'm being what I would consider harassed, i.e this year's Board Luncheon was set in April & I was notified this morning that my invitation had been rescinded. I'm presently trying to get a meeting with the present Headmaster which I believe is behind this & request an explanation since the only thing I requested is what is rightfully mine & I believe that what they did was unethical.\, immoral & illegal. What are my options?

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

Nothing right now.

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Answered in 13 minutes by:
3/12/2018
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 103,938
Experience: Lawyer
Verified

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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I am sorry to hear this.

Is this school run by a board?

What province are you in please?

Are you in a union?

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Customer reply replied 1 month ago
It's run by a Board & we're located in British Columbia.
Customer reply replied 1 month ago
Private school. Not in a union.

Because you are not in a union you don't really have any power in terms of staying there and fighting the employer.

But 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.

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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Customer reply replied 1 month ago
I thought that Holiday pay was legally binding in BC?

You mean vacation pay and yes it is. There is no doubt about that.

And you can go to the Employment Standards Branch and get them to help you get that specific pay if that is what you want to do. But you will not be able to address the larger issue which is how badly you are now being treated including rescinding the invitation.

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

Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 103,938
Experience: Lawyer
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Debra and 87 other Canada Law Specialists are ready to help you
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Customer reply replied 1 month ago
Than ks for your quick reply & all the info. I'll try engaging the previous Headmaster, maybe we can solve this in a civilized manner.
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