Quote:
Originally Posted by Locke
I've mentioned this before, but I did this with my last employer.
I use the term 'last' because they were the last place I ever have or will ever work. After that I'm on my own.
Its there, but Constructive Dismissal is a bitch to prove and the person levelling those allegations almost always loses. I won. But it wasn't fun. There has to be a really good reason to do it going from 'money' but mine was a little more visceral.
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My significant other left her job at the beginning of July and tried to get on EI via constructive dismissal. It seemed like a straightforward situation as a breach of employment contract but apparently the Service Canada folks did not see it the same way. Her employer stopped remitting deduction and paying those to the government. She would still get her regular pay amount, let's say $6000, but she wasn't getting pay stubs saying she earned $10K and $3,500 went to income tax and $500 to CPP and EI. This happened for a few pay periods and when she questioned the employer after the first occurrence she was told they would catch up with remittance when their cash position improved.
Apparently this wasn't a breach of employment contract though although I think if she pushed the matter with Service Canada she could get that decision overturned but she doesn't want to bother playing the governments game.