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zoopnazi
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Job troubles, anything I can do? (law types wanted)

I could use Bob Loblaw's Law Blog about now...

Anywho, Here's my predicament in as concise of terms as possible.

My company is in the process of being overtaken by our American counterpart. All companies involved are under the umbrella of a large corporation, but up until now, exclusive from each other. The US company is basically slapping their name on our company and calling us "X Canada".

My calling - evidently, has come as a trainer, with a catch. My boss as trainer, works for the US division, and I would be employed still by the Canadian division. This position was initially proposed to me informally, with very little detail, and I was somewhat enthusiastic and gave my 'nod of approval' based on the vague description I was given.

At the end of 09 I signed a job offer for certain terms, namely a salary, 'day rate' (ie bonus for every day I spend out of town or doing extra duty), and personal use of a company truck. commenced Feb 15

Previous to this I worked in a different position for similar terms (salary, truck, day rate), for about 3 years, and I voluntarily took a pay cut moving into my new role.

Now the hitch. The conditions of my new trainer position are slightly modified. Equal salary, and overtime. no truck, no day rate. This equates to another significant pay cut for me. The offer letter states I have until X day to sign (~8 weeks), or else my employment is considered terminated without cause.

First off, on a personal level, what a fucking shitty thing to do, I could fucking punch every one of those fucks.

Secondly, I'm not really sure what recourse I have. I'm attempting some sort of negotiation, but I'm prepared to get ugly if need be. As near as I can tell, my best bet might be to claim 'constructive dismissal' by the fact that they have changed my job description and cut my pay, but I feel that may be a bit of a stretch. Other than that I feel like I'm just being bent over and I might as well start on the job hunt.
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Old 03-17-2010, 09:03 PM zoopnazi is offline  
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wilse
 
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i'm not a lawyer
but i'm not really seeing a recourse option here
try to negotiate and then decide whether what's on the table is worth it for you

just curious - what is it that you think they've done illegally here?
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Old 03-17-2010, 09:56 PM wilse is offline  
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sirocyl44us
 
I don't think you have any more recourse than anyone else who has their salary slashed, company car taken away, or hours/rate cut. That is just an old-fashioned screwing but totally legal.

I guess the only other twist would be some sort of union connection but that doesn't seem to be a factor.
Old 03-18-2010, 07:27 AM sirocyl44us is offline  
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RazorWind
 
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I guess I'm not totally clear here, but did they change something about your actual job duties, or are they just craftily looking for a way to pay you less?

Based on your posts in the past, it sounded like your ability to function at that job would be dependent on having a company truck. They expect you to supply your own now?
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Old 03-18-2010, 08:06 AM RazorWind is offline  
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zoopnazi
no zoop for you
 
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Quote:
Originally Posted by wilse View Post
i'm not a lawyer
but i'm not really seeing a recourse option here
try to negotiate and then decide whether what's on the table is worth it for you

just curious - what is it that you think they've done illegally here?

I'm not sure they've done anything illegal, but I'm even less of a lawyer than you are. It's quite possible that it's just an old-fashioned screwing,

My real concern is with the current offer letter coming into effect literally a month ago. But I suppose there is timeframe listed on that position, and it could very well be void now...
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Old 03-18-2010, 09:01 AM zoopnazi is offline  
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Zangmonkey
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Does your original contract stipulate a length for the agreed terms and/or a backout clause on their behalf?

Alternatively you could file a constructive discharge claim but those are notoriously hard to prove.
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Old 03-18-2010, 12:56 PM Zangmonkey is offline  
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Corbin
 
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You're in Canada right? Generally in America you would be screwed but I'm not familiar with Canadian laws, although I'm almost certain they are more protective of workers. Might want to consult with a real lawyer on this one.
Old 03-18-2010, 01:37 PM Corbin is offline  
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