I have a question in regards to my employment. I am in Manitoba. Not yet. Basically I am executive level position and

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Customer: I have a question in regards ***** ***** employment. I am in Manitoba
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: not yet
JA: Are you an "at will" employee? Do you belong to a union?
Customer: no
JA: Anything else you want the Lawyer to know before I connect you?
Customer: basically I am executive level position and based in MB so need somebody familiar wiht law in our province
Answered by Debra in 57 mins 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

Please let me know the basic facts and then your specific legal question.

Thanks

Customer
Hi Debra, are you based in MB?
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Debra, Expert

No. I am in Toronto. There are no lawyers from Manitoba on this site so I have been answering questions about the law in Manitoba for 12 years now.

Customer
Perfect, that's fine
Customer
I just found out that the company hired someone for my position. Of course they did it tell me this, no announcement yet. I suspect they either plan to fire me or demote (not in salary but in position). Do I have any rights here
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Debra, Expert

Yes you do.

If they demote you then 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.

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.

If they dismiss you then I've already described what you would be entitled to.

Does that make sense?

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
Ok, so basically I have to wait until this demotion happens
Customer
Do I have any rights now?
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Debra, Expert

You can ask them about what is going on but you cannot quit and sue on a hunch.

Customer
Ok clear
Customer
Can I ask them to dismiss me with a package now?
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Debra, Expert

Sure you can ask.

Customer
Ok thanks
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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
absolutely, will do
Customer
Thanks again
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Debra, Expert

Thanks

Customer
Debra, May I ask one more question?
Customer
Actually two more questions
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