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I work for a Quebec company. I work out of my home in Ontario. I am a non commission salesperson in the food service industry. I have been with the company in this position as a full time employee for a little over 10 years. Question: If a full time employee of over 10 years is informed that their position is now deemed as a part time position and I sign in agreement, what happens if they then fire me without cause with regard to severance? I'm concerned that I will get severance which will be graded on my new part time position rather than my 10 years plus of service. Thank you

Hello, and thank you for your question.

If you have worked over ten years as a full-time employee, you have no obligation to sign an agreement to become a part-time employee. I would certainly not sign anything until the agreement is looked over by a lawyer. By signing the agreement, it is possible that your severance will be based on your earnings in the part-time role. It is also possible that you will have to continue working part-time hours going forward, with no right to be reinstated to a full time position in the future.

If the employer proceeds to force you to work part-time hours without your express agreement, this would likely amount to a "constructive dismissal" of your employment, and you would be entitled to severance based on your full-time earnings.

Please contact us at the number below to arrange for a consultation before signing anything. We would be happy to assist
The Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-855-821-5900     Email: webquestions@stlawyers.ca     Web: www.stlawyers.ca
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