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Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.
I know your question is important to you and I will be giving it the time and attention it deserves.
I am sorry to hear of this difficult situation.
Are you saying that after you found this out you still worked for another nine months for this employer?
Unfortunately, it's not possible to resign and claim constructive dismissal nine months later because the job description is different than it was supposed to be. But, if you are being treated badly then it's possible for you to claim 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?
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.
Here is a link to the site:
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?
You are very welcome.
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