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I work for a major retail chain part-time. I have been with the company for over 6 years. My primary role has been facilities, which is basically cleaning. I started working at one location and transferred to another location about 3 years ago. Up until recently my part-time schedule was consistent. Since January 2016 I was the primary employee responsible for facilities and on almost a weekly basis inquired when someone else would be hired to assist with facilities, for over a year was advised that it was being worked on. Finally at the end of March of this year (2017) someone was hired. I then was on vacation for the first two weeks of April & while on vacation was receiving my work schedule with no shifts. I reached out from Belgium to inquire & a junior manager advised they would look into it. Upon my return from vacation I received another schedule and once again I had no shifts. I then called and spoke to our store manager & he seemed to be sympatic & stated he would let the management team know that if they needed extra help to reach out to me first. I should note that I'm trained in various duties at the store and can take on many positions. As a result of our conversation I finally hit one shift. Again I called into the store & spoke to a senior manager, one that I should state has been there since I started. The manager was very sympathetic & tried to be fair and suggest that new management was most likely not aware of my role and capabilities. The following week I actually got scheduled for 2 days & the manager I just mentioned did call to ask if I got my 3 days & advised that I did not, but I was asked to come in to help for an extra shift. The next weeks schedule came out and again I only got one shift. At this point my frustration level had risen, I have been dedicated employee for 6 years and have had outstanding reviews in that time. I reached out to our general manager trequesting a face to face, three days ago & received a response that I was free to call to discuss the following day. I called and after our conversation was left having serious ethical and legal concerns. I was told that the role of facilities would no longer be performed in the evenings and that he was unware that I was capable of other duties until earlier this week. What concerns me is that I was not informed that my role was being eliminated in the evenings until I reached out for the 5th time to management, I was never afforded the opportunity to discuss my future as the role I had was being eliminated. I was also advised that now that he was aware of all my skill sets moving forward I may get others shifts and after that based on my performance I may get more. I just had a review at the end of March and received an above target review & was told how valuable I was, I questioned that and asked how can one go from being praised to not getting any shifts. The GM tried to explain things from the perspective that he has only had his position for 3 months, and that there are many employees that only get one shift, that tells me that there are too many people on the payroll & that the company is not retaining a loyal workforce. Furthermore there have been several new employees hired. I question if the issue is my hourly salery, are junior staff more cost effective. On a morale & ethical level do I not have a right to be informed that my job has been eliminated? There is so much more to what has happened, however this is a solid foundation. What do I do? Is this constructive dismissal, I'm trying to mitigate the situation and have not yet resigned. What are my options?

Thank you for your question. Do not resign yet. It is important to discuss whether this is actually a constructive dismissal at law with a qualified employment lawyer before you do anything.

Otherwise you could end up relinquishing your rights to severance. I recommend that you give us a call at the number below as soon as possible (ideally right away) for a consultation.
The Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-855-821-5900     Email: webquestions@stlawyers.ca     Web: www.stlawyers.ca
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