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I have 18 years with my employer they had laid me off due to covid 19 for two months and have now returned me back to work. They have taken away some of my daily duties and are now asking that I assist in another department as there is a need for help. By doing this it would be a change to my job description and kind of a demotion. Do I have to accept this? Or can I say no and seek my severance if necessary?
My name is David Vaughan and I'm an employment lawyer with Samfiru Tumarkin. Whether changes to your duties constitutes a constructive dismissal and entitles you to severance pay depends on the extent of the changes (i.e. how significant they are). Another factor that the courts will look at is whether these changes are temporary due to covid-19 or permanent. If temporary and relatively minor, it probably would not constitute a constructive dismissal. However, if they are permanent and major, then they would. Please contact our firm to discuss the matter in more detail to determine whether this is in fact a constructive dismissal.