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Title: [BC] Resigned secure $64k engineering role for signed contract (Role B), placed in previously rejected Role A on Day 1. Constructive dismissal / inducement? Location: British Columbia, Canada Previous Salary: ~$64,000/year (secure full-time engineering role) Tenure at New Role: 2 days Background & Context: Initial Interview & Rejection: I applied and interviewed for a specific position (Role A) at a large client company via a third-party staffing agency. I was formally rejected for Role A. The New Offer: Two weeks later, the agency reached out with a direct written offer for a completely different position (Role B) with a distinct scope and responsibilities. Reliance on the Contract: I signed the contract for Role B and resigned from my stable $64k engineering position strictly for the duties and scope of Role B. Had the offer been for Role A, I would not have accepted it or left my previous employer. Day 1 Bait-and-Switch: On my very first day on site, the employer immediately assigned me to Role A—the exact position I was previously rejected for and had refused to quit my job for. Agency Response & Resignation: I raised the issue immediately. The agency called it a "miscommunication" and stated there was nothing they could do to enforce Role B's terms. I resigned after 2 days to avoid implicitly accepting the changed job duties. Questions for BC Employment Lawyers: Constructive Dismissal: Do I have a viable constructive dismissal claim given that I resigned after 2 days due to a fundamental, unilateral shift in duties on Day 1? Inducement & Damages: Because I surrendered secure employment at $64k/year specifically for the Role B contract (and would not have left for Role A), does common law inducement apply to enhance reasonable notice compensation? BC ESA Section 8 (Misrepresentation): Does offering a contract for Role B but placing me in Role A qualify as misrepresentation of the "type of work" under Section 8 of the BC Employment Standards Act? Forum & Realities: What is a realistic estimate of financial recovery (notice payout or lost wages) for a 2-day tenure under these circumstances? Is an Employment Standards Branch (ESB) complaint for out-of-pocket/lost wages better than Small Claims Court? Is a Lawyer Worth It?: Given legal fees and the strict duty to mitigate, is civil litigation worth pursuing with a private lawyer, or should I focus on free/low-cost regulatory routes?
I have received a successor-provider offer under the building-services provisions of the ESA. I have been a condominium manager at one specific property since 2019. The incoming provider is offering me the same salary, but the guaranteed position is an indefinite floating manager assignment covering multiple GTA properties until an unspecified permanent position becomes available. I need advice on whether this constitutes reasonable employment and what happens to my termination/severance entitlement if I decline it. The offer was provided at 5:30pm yesterday and an answer is due by 9am tomorrow.
I am an Ontario employee and am considering leaving my current employment. Before I resign, I would like to understand my rights and whether I may have any claim against my employer. I have a written employment contract stating that I am a full-time salaried employee earning an annual salary. It states that I work 40 hours per week and that my hours may be irregular and flexible. My employer requires me to punch in and out and is deducting time from my pay. If I am, for example, 9 minutes late, I have been deducted 15 minutes. In addition, my employer deducts 30 minutes from my pay every day for smoking breaks. I have never signed an agreement authorizing this smoking-break deduction. My contract specifically states that I am paid an annual salary rather than an hourly wage. It also states that I must provide three weeks' notice if I resign. I would like to know: Whether these deductions appear to be permissible under Ontario employment law and/or my employment contract. Whether the employer's treatment of my compensation could constitute a breach of my employment agreement. Whether these circumstances could affect my obligation to provide three weeks' notice if I resign. Whether, based on these circumstances, I may have a potential claim against my employer. I have a copy of my employment contract and pay records and can provide them if needed. I would prefer to communicate by email initially if possible.
Hello, I am looking for a legal advise. I am 65 years old. I have been "Temporary Laid off". I initially I left my job after 13 years with one company to go and work for the second company, which laid me off after 13 years of service. Even though they are saying it is a temporary layoff I really don't think they will recall me. The company poor management has driven the company into bad financial shape. Over the years there have been months without pay and the company owes between $18.000.00 and $22,000.00 in back salaries. Also, they have tried to change my job description and what I do in the company from Creative Director to a Wheelhouse shipping Person and I have refused. I have been promised many times and I have been lied that I will get a salary increase while everybody else in the company got that. I have been told I am important for the company, that I am part of the family and I am one of them ... all lies ... I even give the company two (2) loans one of $20,000.00 and one of $10,000.00 to help the company out. They have been all paid back. Based on that and the fact that it is a small company with not a huge payroll my question is: Do I have a case to request and legally challenge the company for severance and compensation if they don't recall me in October? Best regards, KN
My Ontario employer is refusing to pay me for a civic holiday that is part of the company holiday schedule because I was on an approved five-day vacation following this holiday. My employer has said that "By Law you have to work the day after the holiday in order to Qualify." Yet, I was fully paid when I took approved personal and vacation days immediately following the New Year’s, Victoria and Canada Day holidays earlier this year. I have documentation of everything. I feel that it is an established company policy to pay for the day that is part of my implied employer contract. It is my understanding that other employees were paid for this holiday even though they were also off the day after. Am I correct that the money is owed to me? Would the Ontario Ministry of Labour force my employer to pay this or do I have a legal basis to be expecting payment?
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