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I informed my employer about insulation that may contain asbestos and exposure to both myself and my wife and asked that the insulation be tested. We were the only two employees of a resort for 18 years and we were both given a constructive dismissal without cause the very next time we met with the owner. Under the circumstances we chose to leave immediately and were told since we quit that we were entitled to nothing. We have since found out we were never covered under WSIB, the business was sold and the insulation was never tested. Are we entitled to any severance?
I am not sure what you mean when you say that you "were given a constructive dismissal". Did you quit or were you let go? If you quit, you are not entitled to severance unless you can show that the workplace was not safe. Since you do not know that there was anything wrong with the insulation, you cannot show that the workplace was unsafe.
Comments
Thank you for your reply We were given termination papers with 8 weeks working salary to train the new managers and a small severance offered only if we signed and followed orders. For obvious reasons we did not stay to train the new managers, we were pressured to leave. This insulation was not disclosed to the new owners and they are planning on getting it tested but I am running out of time.
Unfortunately, if you quit during the working notice period, you are not entitled to anything else. You are considered to have resigned. It is not a constructive dismissal. If you stayed until the end, you would have been owed more severance.