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The current company I work for will subcontract the engineering services that have been done in-house in the last 24 years. As a result, the engineering team will be dismantled and offered the option to be transferred/hired by the subcontracting company with the same salary as at the current company. Can such offer be refused and considered constructive dismissal? If yes, can the severance due be paid in a lump sum or its format it is always at the employer discretion ? Thank you.
This would technically be a termination by the previous company and the question becomes do you have to accept the new position for the purposes of mitigation. We would need more information about the offer to answer this questions, so please contact us at the number below to set up a consultation to review your matter.