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My wife has worked for a company for the last 6 months. She's working as an independent contractor for them and only for them. Recently they informed her that they have to cut her pay or lay her off. This should be able to be viewed as a constructive dismissal right? Also she's been told that because she invoiced them every week for her pay she has no rights to severance. Is this correct?
Thank you for your question. You are correct, a pay cut or layoff would amount to a constructive dismissal. Further, the fact that she has only worked for the Company would mean she would be considered an employee and would be entitled to severance. I would encourage you to visit the severance pay calculator our firm has developed to see what she is owed (www.SeverancePayCalculator.com). I would also encourage her to call us and set up a consultation with one of our employment lawyers.