MOVE LOCATION OR LOSE YOUR JOB

With the advent of free trade and the globalization of economies, the trend of transferring employees from country to country and even between continents is increasing.   Many people are only too happy to be transferred anywhere warmer than here, but that is not always the case.  The question often arises, do you have to go?  If the company says you're moving to Ohio and you say no, have you failed to fulfill your obligation to take all reasonable steps to reduce your wage loss? 
 

IS BAD BEHAVIOUR A CONSTRUCTIVE DISMISSAL?

A man named Larry worked for a wine producer for ten years.  Around Larry's seventh year of employment, he was promoted to Regional Sales Manager with approximately three sales representatives reporting to him.

EMPLOYEES MUST BE CLEAR BEFORE CLAIMING CONSTRUCTIVE DISMISSAL

A constructive dismissal is a termination where nobody says you are fired.  If an employer significantly changes the terms of employment without reasonable advanced notice and without the employee’s consent, the employee may take the position that they have in fact been terminated, leave and sue for wrongful dismissal.
 

IS IT A CONSTRUCTIVE DISMISSAL?

QUESTION: After rendering 3 years of loyal service to my employer as a Sales Representative, I have learned that our sales department is being sold off to a new company.  I have received a letter of offer from the new employer telling me that even though I have worked in this job for 3 years, I will be on a 90 day probationary period when I start the new job next month.  My benefits are going to be lowered and I have to work out of my home.  They have not indicated whether they are willing to recognize our seniority, what territory I am going to be assigned or what marketing methods they are going to use.  I have been told that there is no negotiations possible with respect to the offer letter.  I have not been offered a severance package.  If I do not accept this new job, have I quit?
 

TRYING TO FORCE RESIGNATION CAN LEAD TO A CONSTRUCTIVE DISMISSAL

Karen worked for a lumber processing and transportation company for twelve years.  Although she started by doing accounting, over the years her job changed.  By the end, the accounting functions only took twenty-five percent of her time and the remainder was taken up by billing, production scheduling, customer relations and the supervision of one other office person.  She spent most of her day in the office and very little time in the lumber yard.  She was well regarded and viewed as the second-most senior person at the company.
 

CONSTRUCTIVE DISMISSAL TOOK PLACE EVEN THOUGH EMPLOYEE RESIGNED

Allen had been working for sixteen years as a Chemical Lab Technician when he was told that his position was being eliminated but he could have a production job if he wanted. 
 

EMPLOYEE OPTIONS WHEN FACED WITH A CONSTRUCTIVE DISMISSAL

Imagine that you have worked for years and lived in Simcoe, Ontario and your employer suddenly tells you that your job is being moved to St. Catharines.  You are assured that your job in St. Catharines would be substantially the same as the responsibilities you carried out in Simcoe.  When you point out to your employer that the new position will involve three hours of commuting each day, an hour and a half each way, and that the costs of that commute will reduce your overall income, in polite terms you are told those are the lumps.