Your work is eliminated and you have a new role offer

A situation can arise where your job is eliminated and the employee is offered a different role with the same wage. The problem is that this new position has the potential to cause health complications. Other factors such as age and the environment of work are not suitable for you to accept this offer. What are your legal rights in this regard?

Employment lawyer, Daniel Lublin explains that an employer has a legal duty to accommodate an employee by finding a suitable alternative or modifying the work conditions in a reasonable way.  Without the employee’s agreement, the employer cannot change the work in a negative way. When changes are made in a negative way and without your consent, it can lead to what is known as a constructive dismissal.

To read more on this principle, it can be explained further by reading Daniel Lublin’s full article Can my employer cut off my disability payments? and column in the Globe and Mail.