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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.
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.
Your best next step is to consult with an employment lawyer.
What you can do to find a lawyer is one of the following things.
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:
Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.
Here's the link to their website:
Does that help as a starting point?
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Oh I understand that but this is grounds for a quitting and suing them. Look what they are doing to you. As well laying you off temporarily would be grounds for suing them for constructive dismissal as well unless your contract says they could do that.
You can have a lawyer threaten a lawsuit and hope they are afraid and tell you to come back.
Well that's why I'm suggesting that you retain a lawyer and sue them for constructive dismissal.
I don't think so.
No. But that is why are you going to sue them for constructive dismissal.
I explained it fully in my answer about. Please read it.
Please go back and read my answer in full.
Yes it happens all the time. That is why the court will award you damages.
You were treated badly without a doubt.
You are very welcome.
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Thanks and take good care.