| Employers
generally understand that if an employee is terminated
without just cause, potentially very large monetary obligations will
be created in favour of the employee. Employers also generally
understand that
an employee who voluntarily resigns will not be entitled
to any monetary compensation except what is already due regardless
of the resignation (i.e. vacation pay, wages, etc.). For an
employer who
wishes to terminate an employee without just cause, there
is a great temptation to avoid the obligation to make a severance
payment by convincing an employee to "resign." The following are examples
of actions an employer might take to convince an employee to resign:
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- Cut the employee's salary
- Reduce an employee's commission entitlement
- Eliminate an employee's bonus scheme
|
Demote an employee |
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| Conduct a campaign of harassment toward the employee |
Relocate the employee to a distant location |
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| Take away the company car |
Suspension, with or without pay |
If an employee "resigns" due to any of the above, or something akin
to the above, a court will find that the resignation
is not voluntary (in the legal sense of the word). An employee
faced with
a situation involving a unilateral, fundamental alteration
of the employment relationship (such as any of the items listed
above), has the option of terminating the employment relationship
and declaring himself or herself to have been constructively
dismissed from employment.
Even if the employer did not intend to harm
the employee, and had a legitimate business reason for the alteration,
the employee will probably still have a right to object
and pursue a claim for constructive dismissal. However,
if the employer intends to harm the employee, that employee may
also be entitled to additional
compensation.
In a case of potential constructive dismissal, the
employee must make a decision in a reasonably short period
of time. If
the employee waits too long, it will become too late
to take exception and the employee will be considered
to have waived his or her common law rights. If you think you
have been constructively terminated, your rights are
the same as any other employee who has been terminated
without just cause: What
are the rights of an employee terminated without just
cause?
To understand additional compensation, click here to read
more.
To understand the rights of an employee terminated without
just cause,
click here to read more. |