I was off for shortage of work due to the covid, as everyone in my dental clinic was. But I found out that everyone was

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Customer: I was laid off for shortage of work due to the covid, as everyone in my dental clinic was. But I found out that everyone was brought back including new staff. My position has been replaced and no one has contacted me. I even sent him a text asking if I should look for a new job and nothing back. I feel like this is completely wrong and I need to know what I can do about this. I am a single mom of two teenagers and have adapted my life to a pretty expensive one since I made alot of money. Now I am stuck with these bills with only the income of EI. Help!
JA: The Employment Lawyer can help you determine if you have a case. Where are you located? These laws vary by state.
Customer: Edmonton Alberta
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Not that I can think of?
Answered by Debra in 8 hours 2 years ago
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Debra
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Debra
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Debra, Expert

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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Debra, Expert

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:

1-***-***-****

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:

http://www.lexpert.ca/directory/find-lawyers-or-law-firms/

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.

Customer
But I haven't quit either. I've been left in limbo
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Debra, Expert

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.

Customer
But I feel like going back my life would be hell. They also did the same thing to my sister that works for the same company. They also cut my benefits without telling me
Customer
Especially going back after I file them with papers. I'm thinking they just hope we disappear. And I was a huge part of the dental clinic prior to the covid lay offs.
Customer
we have no contact
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Debra, Expert

Well that's why I'm suggesting that you retain a lawyer and sue them for constructive dismissal.

Customer
Wonderful! I kinda figured the same thing. I just wanted to make sure it was worth it. Do you think I would be eligible for more than just severance
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Debra, Expert

I don't think so.

Customer
they are allowed to drag employees along , thinking they're getting their job back... Loosing income, a single mother, cutting off my benefits, all without notifying me...
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Debra, Expert

No. But that is why are you going to sue them for constructive dismissal.

Customer
what does constructive dismissal entitle? Maybe that's where I am getting confused.
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Debra, Expert

I explained it fully in my answer about. Please read it.

Customer
Would that go beyond the severance? I know that there is a certain amount of days in which they are to fire a person after a certain amount of time being laid off. And I believe (like you said) they have no grounds to fall on when they all of a sudden want to fire my sister and I at the same time. ( Without telling us)
The dental community is small, believe it or not even though we are in a big city. Word gets around fast. So I want to make sure I am doing the right thing and it's going to be worth more than if I just asked for my severance
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Debra, Expert

Please go back and read my answer in full.

Customer
Okay I understand. I was just confused if there is possibility to more compensation than just severance.
I'm not trying to upset you, I am just wanting to make sure this is accurate.
But I do however understand that you think I should seek legal advice with a lawyer.
Customer
Do you see many of these cases where a employer just replaces a employees position and ghosts them ?
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Debra, Expert

Yes it happens all the time. That is why the court will award you damages.

You were treated badly without a doubt.

Customer
Thank you so much for all your help. I will contact a lawyer asap.
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Debra, Expert

You are very welcome.

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

Thanks and take good care.

Customer
No problem! Have a great day
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Debra, Expert

You too.

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