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I work for a Canadian company that is majority owed by a US company. Canadian company has announced they will be closing the facility at which I work and my role will be moved to US by 2027. I have been told I will not be offered relocation/localization to the US company location, but they will look for a role for me at Canadian company or else lay me off at some point in the next 2 years. Regardless, with this move no roles of my job type (PhD Chemist) will exist in Canadian company anymore. My current role has now been posted by US company. Do I have grounds for constructive dismissal?
A constructive dismissal arises when an employer makes a significant change to your contract of employment, which indicates they do not want to be bound by that contract. Being told that your role will be moved would not be a constructive dismissal as the actual changes need to be made before you have a constructive dismissal claim. However, the changes may create the basis for a constructive dismissal moving forward if your employer was to remove a significant amount of your job duties.
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You can contact our firm at the number below to speak with a lawyer to learn more about your rights.
The Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-855-821-5900 Email: webquestions@stlawyers.ca Web: www.stlawyers.ca