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I am a full time worker and I was laid off due to covid in late March. In the meantime I applied for EI and have been getting CERB benefits. My employer has now contacted me to be recalled but is only offering me 75% of my salary. However I would only be working 75% of my hours. I find this unacceptable.

Is this grounds for a constructive dismissal? As refusal to work would remove me from CERB qualification, would I still then be able to receive regular EI because of the salary reduction? What should my next step be? Any advice would be greatly appreciated.

Thank you for writing to us. In order to potentially meet the threshold for a constructive dismissal, your compensation would need to be reduced by that same percentage on a permanent or semi-permanent basis. If it is only temporary (i.e. a month or two) because of the COVID-19 pandemic, it does not amount to a constructive dismissal and you must return to work. This is especially true because your employer has reduced your work accordingly. If you earn $1,000.00 per month or less at the reduced compensation rate, you would still qualify for the CERB. Otherwise, you would not be eligible. If you wish to discuss your situation in further detail with a lawyer and receive additional advice, please do not hesitate to contact us at the number below.
The Lawyers at Samfiru Tumarkin LLP
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