The company i currently work for has been purchased and is merging effective tomorrow therefore the management position

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Customer: The company i currently work for has been purchased and is merging effective tomorrow therefore the management position that I am currently holding is eliminated. I have had a verbal offer for a different position which is entirely different and a demotion from my current role. Do I have to accept it? I have not had a formal letter offer or seen a full job description.
JA: Was this retaliation? Or based on age, race, religion, gender, or disability?
Customer: I had previously worked for this company for 10+ years when I left them to improve my skill sets and move upward. I worked for my current employer for almost 12 years before we have now been purchased. I do believe that there is gender inequality.
JA: What kind of workplace is this (private sector, public sector, etc.)? How many employees?
Customer: I believe it is public sector. I am currently employed with RGIS inventory and the company that has purchased us is Western Inventory service WIS. They are an international company with thousands of employees.
JA: Where are you located? Workplace termination laws vary by state.
Customer: Saskatchewan Canada
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have more experience than the current manager in the role and have a proven track record, positive employee reviews--one of the highest in the company. I feel that I am better qualified and more experienced than the current manager in the role who has been there for 5 years.
Answered by Joey in 9 mins 1 year ago
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Joey
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Joey
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Joey
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Joey, Expert

Hi and thank you for using JustAnswer.  My name is ***** ***** I will be assisting you with your question.

Just a general disclaimer that this conversation is for informational purposes only. I am licensed Canadian lawyer; however, you would need to retain a lawyer to take any legal action and/or preserve any of your legal rights. I may be away from my desk from time to time, but rest assured I will always return back as soon as possible.

Customer
Ok
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Joey, Expert

Good afternoon– sorry to hear about this situation. Are you unionized?

Customer
No
Customer
They have verbally offered a position but nothing is in writing. The position that is offered is the same role that I did 12 years ago. There was no opportunity for advancement so I moved to my current employer.
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Joey, Expert

Generally speaking, when a company is taken over by another company, you can either accept the new job being offered to you or, if it’s a completely different job with lower pay and/or few responsibilities, you can consider yourself “constructively dismissed”. You would be able to sue for reasonable notice which would depend on your length of time with your employer and your age/experience/seniority/employment prospects.  Most of the time, the employer will negotiate your severance package with you; if not, then you can retain a lawyer and file a claim.

Customer
My salary would apparently remain the same but the role is definitely different and fewer responsibilities
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Joey, Expert

That could be a situation of constructive dismissal.

Customer
One of my concerns is that I might not be able physically to do the position offered as there is kneeling on cement and crouching and my knees are getting tired. I am 56 year old female
Customer
In my current role I am in the field to support , mentor , train and develop the team and not to physically count and run the events. The position they offered is 100% running events and counting
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Joey, Expert

That’s understandable. Perhaps have a conversation with them and see if you can work out a compromise. If you can’t, I would recommend you retain a lawyer immediately.

Customer
I have been given the option to accept the position or give my resignation
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Joey, Expert

Do not resign until you've retained a lawyer first.

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Joey, Expert

Does that help answer your question today or did you have any follow up questions?

Customer
I will have more. Dental appointment right now
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Joey, Expert

Hi again – just wanted to do a final follow up before ending our conversation. Did you have any additional questions about this issue?

Customer
Very overwhelmed at this point. I have asked for an extension so I can get legal council tomorrow.
Customer
I should be able to ask them for a complete job description and I would assume that I should be able to receive that.
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Joey, Expert

Once you have all the facts, then you can make an informed decision.

Customer
As well asking to see a contract Would not be unreasonable ?
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Joey, Expert

You need to know what you're agreeing to before you can make an informed decision.

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Joey, Expert

Does that help answer your question today or did you have any follow up questions?

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Joey, Expert

Thank you for using JustAnswer. I wish you the best of luck. If you have any follow up questions about this matter, please do not hesitate to reach out to me.

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