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I have worked for a company since Jan of 2024. I am hourly payed and I am not in an union. In 2024 I worked overtime and was paid 44 hours at regular pay of OT and another 18 hours at time and a half. in 2025, I worked 103 hours of ot paid at regular wage and an additional 38 hours at time and a half. This yeat I have work 7.5 ot at reg pay and 12.5 at time and a half. In the middle of Feb the manager said effective immediately no mor OT at all. Is this enough of a change in work that it could be a constructive dismissal?
It would depend by what is meant by no more overtime at all.
If the company is simply reducing the amount of extra hours you would be working, that is not a constructive dismissal. Overtime is variable and is not considered a core component of compensation.
However, if the company is not paying you overtime despite you actually working extra hours, that would be against the law and likely would be a constructive dismissal. The same would be true if the company reduced your regular hours of work or did not pay you vacation pay on your overtime pay. If you are in this situation, please contact us as soon as possible to schedule a consultation.
Thank you,
If the company is simply reducing the amount of extra hours you would be working, that is not a constructive dismissal. Overtime is variable and is not considered a core component of compensation.
However, if the company is not paying you overtime despite you actually working extra hours, that would be against the law and likely would be a constructive dismissal. The same would be true if the company reduced your regular hours of work or did not pay you vacation pay on your overtime pay. If you are in this situation, please contact us as soon as possible to schedule a consultation.
Thank you,