Add Comment Question: Employed as a Service Advisor/Assistant Manager for almost 3 years. Jan/2018 I had to take time off for a total knee replacement. Worked very hard on my recovery so I could return to my position. Employer was willing to modify my return to work, however, day 3 of my return I was placed in a very labor-intensive "job" without the opportunity for modifications. I was advised that I would no longer be doing critical steps of my Service Advisor/Assistant Manager position, however, was never informed that I had been demoted to a job that I was physically incapable of performing. I felt very uncomfortable in my workplace and quickly realized that being demoted to this labor-intensive job was "by design" to force me to quit my job. I had 3 remaining scheduled shifts for the work week that I used as a "cool down" opportunity and make every effort to decide if I could perform in this job. Given my age (53) and level of recovery from surgery, I am convinced that my employer deliberately demoted me, fully aware that I could not do the job. This would have given my employer the right to terminate me. At the end,of my scheduled shifts, I submitted my quit letter because I knew I was facing termination. I believe there is a cause of action for Constructive Dismissal and I am just looking for clarity. Naturally I have condensed the employment circumstances and there are many layers of information. Answer: My name is David Vaughan and I am an employment lawyer with Samfiru Tumarkin. Based on the information you have provided, it appears that you would have a strong case for constructive dismissal, which would entitle you to severance pay. Additionally, the company may have violated your rights under applicable human rights legislation. Please contact our firm as soon as possible to discuss the matter as it is important to ensure that your resignation does not impact your ability to claim constructive dismissal. Your Comment * Your Email * Your Name * Your City Note, your name, city and email is not displayed on the website. It is used to notify you that we have approved your comment.