I have an employment question. None of those. The company is being bought and the new company is in Mississaga 50km

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Customer: I have an employment question
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: None of those. The company is being bought and the new company is in Mississaga 50km away
JA: Is your employee "at will?" Does the employee belong to a union?
Customer: No union small company
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I would like to know if someone quits can that be constructive dismissal
Answered by Debra in 5 days 2 years ago
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Debra
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Debra
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10+ years of experience
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Debra
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166298 Satisfied customers

Jessica

Jessica

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Customer
Company is in Markham. The prospective buyer is in Mississauga.
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Debra, Expert

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Debra, Expert

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Debra, Expert

What state is this please?

Customer
It's Ontario canada
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Debra, Expert

I'm sorry; this is the US: let me have this recategorized; stand by please.

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Debra, Expert

I am sorry to hear this.

Yes this would 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.

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 o

Does that help?

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
3 of*****and 1 comes from Picketing.
Mississauga is still Toronto. It’s still just cause if they quit?
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Debra, Expert

I live in Toronto so I know where everything is.

Yes I believe it is still constructive dismissal.

Customer
Is there any way around it?
We’re a small company but the employees have been here a long time
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Debra, Expert

Not really. They need to be dismissed with reasonable notice or pay in lieu of notice or they can quit and sue.

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Debra, Expert

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

Customer
If you don’t mind I would like to contact you beginning of January.
Is there a number I can contact you directly?
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Debra, Expert

You could always reach me through the site but you cannot reach me directly.

For now, please be sure to rate me before you leave the site so that I can receive credit for my work.

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Debra, Expert

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

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