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Do I have a case for constructive dismissal? Last year due to covid cutbacks I was asked to change shifts and job duties from a day shift to night shift, from a mainly clerical position to janitorial. I was told this would last only for the summer, and in Nov I was transitioned back to days but still assigned janitorial duties. Now once again this year, I am being asked to switch back to night shift, janitorial duty again.
Because I did this last year, have I lost my right to severance if I quit?
Thank you for your question. If your contract of employment does not allow for modification to your hours and/or position, you may be able to claim that your employment has been constructively dismissed. However, if you follow through with the changes, you may be considered to have accepted the changes. This will require a further consultation to understand your rights and I encourage you to contact our office to speak with one of our employment lawyers.