Hello all,

I am working for an employer in ontario as an sr.engineer but the company is acquired by an american firm. After the acquisition they fired all the staff working with me and they have kept me on board. It was a good news at first but later I received a note that I will be reporting to someone with a low grade and not to the director of the company.

I resisted myself from reporting to the person and insisted that I used to report to director and now I am put down. I have given them a chance to explain but instead the HR gave me a warning letter saying you behaved wrong and u could be dismissed next time.

My question is can I file a constructive dismissal case against the firm. I have a feeling they kept me for my knowledge as they need to know more about the operations and I give them all the info when needed. They have however left my title as is for now but can not confirm what job role I will have with the new firm.

I want to resign can they restrict me from not leaving the firm? and what if I can file a constructive dismissal case can I get my EI premiums.

Thank, u

It is a very bad situation.
You have got a warning letter and that is not good.
The company can reassign you at will provided that your job description has not changed considerably. That is for you to make a call.
EI is just peanut money. When I got EI money, I used to starve for 20 days a month. Do you really want to go this route?
You can try for constructive dismissal suit but it will depend on a lot of other factor which only a lawyer will be aware.
If you resign, then you will not get any EI.
Beware and Be Aware. Canada is not lala land and the people in it are very very clever.

Peace

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I am a Gents and not a Ladies.

You will not get EI if you resign (whatever the cause may be). The company has to provide you ROE.

If you want peace of mind just walk away. They cannot stop you doing that or be an ***hole and create nuisance for them so that they fire you earlier than later. Then you will get your EI and can also file a case against them

shit happens ! ..Better channelize your energy and time on finding job with other employer.. That warning letter is not a good news already. That may not help in your EI cause.
Recently laid off plenty of people , your employer is smart and well prepared for such cases. Rather every employer has smartened in these cases..
Your career with current company in any case is done deal with you reporting to a lower grade, what is there to gain in long run? Look for greener pasture while you are still employed, easy to get the job that way... other things are waste of time.

They can't force you to keep your job.

They may need you now for your knowledge of the company and how things were functioning, but if they axed everyone else and that is all that you have you'll probably face redundancy too.

Did the change in the reporting relationship fundamentally alter the day-to-day aspects of your job? If the problem is only that you have been made to report to a lower level manager I don't think you would have a case unless the greatly affected your role. Of course, I'm not a lawyer and even if anyone on here is one they can't offer you binding legal advice... just opinion.

"In addition to demotion, other potential sources of constructive dismissal claims in the context of a merger include a downward change in reporting relationships and a change in remuneration. Changes in reporting relationships are not usually sufficient in themselves for constructive dismissal, but they can be where prestige is implicated. In one case, five departmental managers, including the manager of engineering services, initially reported to one vice-president.37 The employer changed the reporting structure so that only the manager of engineering services reported to that vice-president. The court found that as a result of the change, other employees would perceive the manger of engineering services as no more than an assistant in his department to the vice-president, not a full manager. The court found that the manager was constructively dismissed."

Source: Post Merger Employment Law Issues http://www.mcmillan.ca/93846

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My prayer to you
Is that you do all the things you set out to do
And live your life the way you love

Thurston Moore, Psychic Hearts

Azeem- Not sure which field u are working in. Rememeber that postion and reporting structure can always change and thats the part of any employment conditions that you sign and cannot be held fast. I am not sure how you dont understand this.

I am not sure how u put it across to HR because it shows you did not do a good job of addresing your concern and that why u got a warning letter. Ur approach must have triggered this.

There is no point in fighting as in canada employers are tighly protected by the Govt and law and your case will fail and will hinder your future growth

Given the poor economic conditions and poor job growth i would suggest throw your ego out of windows, bite it and starting applying for new job and try to get a new job as while being employed will be positive. If you go on EI or dimissed its going to be harder.

It might be difficult for u accept but in the long run you will realize the benefits.

a relevant article .. walking away is not resignation !

http://www.employmentlawtoday.com/ArticleView.aspx?l=1&articleid=2656