Question and answer
Ask your question and an Ontario employment lawyer will answer in minutes


Note, your name, city and email is not displayed on the website. It is used to notify you that we have answered your question.

Last year, we got a raise @ my trucking co. Shortly after, they started lowering trip rates( our hourly rate is times the trip rate.), In the 8 yrs, i,ve been there, no trip rates have gone down, only up , if we could prove we needed more time. When i asked about this, they said they were just standardizing them . I said, that even with the raise, i now make less doing some of the work, than before the raise. I,ve talked to a general mgr, and at least 2 others in mgmt, about this , since the raise, last year, getting nowhere. Would this count as a constructive dismissal, if i left ? even though i,ve been working at the reduced trip times, since the raise, last year. They know of my disapproval , as i,d been trying to have them re-set. There are not many co. drivers , left, as there big on brokers. Also when i was hired 8 yrs, ago, i was hires as a Foss driver, a company they own. Even though i interviewed @ the Seaboard offices, had 2 days of orientation there, & for the last 3 yrs, i,ve worked out of the seaboard yard. I only found out last year, i get $29./hr. as a Foss driver, while the Seaboard drivers get $30. / hr. I checked with fed.labor board, & its legal, as they are treated as 2 separate co,s. Driver who works on same truck after me, less co. time, but is a seaboard driver, get more money than me. ($30 rate). When i took this up with mgmt, was told was always this way. & nothing done to remedy, i even gave them ideas of how to even us, few Foss drivers up . To add insult to this there retiring my Foss tailers soon, & i,ll be getting a Seaboard set of trailers . So , ill be a Foss driver, working out of the Seaboard yard, pulling Seaboard trains.. But still getting paid the lower Foss rate.When i was hired if i,d know this i would have made it a condition of hire to be paid equal .. I,m 63 & thinking of retiring soon, maybe, does any of this mean i could get a severance package ? Thanks. John MacMillan

If the change in pay was a significant one, it may be considered a constructive dismissal, which would allow you to obtain a severance package, although if this happened a year ago, you may have run out of time. It is extremely important that you get legal advice as soon as possible. Give us a call at the number below to set up a confidential consultation with one of our employment lawyers.
The Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-855-821-5900     Email:     Web:
Leave a comment