Ask a Lawyer: Employment Law

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Constructive dismissal

Lena (Edmonton )

After 12 years of service in a publicly funded school devision, my employer is privatizing my job.This decision has terminated my employment with the school division, but the new company is offering me a new position, but the terms of this new role are a fundamental and unilateral change to my employment contract.My wage is being cut by 28%, my vacation time is being cut in half, and I am losing all of my sick and personal days and receiving a downgraded benefits package.I have offered a very low severance package by signing a release, which I did not accepted.​My employer gave me two months of working notice at my old pay, and has now offered a separate severance payment of approximately 1.5 months of pay. Would you call my case a constractive dismissal? I would like to understand my full entitlement and can I challenge the low offer and negotiate a fair severance package that reflects my years of service and the circumstances of my dismissal?

0 57 days ago

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