Employer promoted me to avoid paying overtime - What would you do ?

[MrQ]

I work for a big IT company and have been there for over 26 years ( I know I'm a dinosaur). A few months ago , my employer decided to promote everybody in my group by two levels. It just happens that now, we do not qualify for overtime or standby pay . The job has not changed one bit since the promotion - we do exactly the same job.
They expect me to carry a pager every second week and respond within 10 minutes of a page 24x7 . They will give me time off work for the overtime/callout time worked - one hour worked = one hour off. They also expect us to work overtime when needed - for free of course.
I just got my performance review, and even with a good rating , and a two level promotion, did not qualify for any increase in salary.

It seems they want us to quit to avoid paying a severance . If they offered me a severance, I would leave in a minute.
I spoke to a former manager still with the company, and he suggested to get a lawyer.

Do I have a case ?

I am now applying for jobs just in case something better comes around. I do not want to quit and lose a severance for 26 years of service..

What would you do ?

[Maxspeed]

I am not sure about the legality but i would force them to give u a severance package. No matter how tough it gets keep going....

[hightechfan]

You could sue them but is it worth it.How much over time are we talking about.

[TenzoR]

sounds sneaky, definitely consult a lawyer

[Icedawn]

hmm.. just read your post again... the problem is that its been a few months already.. have you guys been complaining about this or did you all just accept this change?


just randomly thinking while sitting in class...

a) perhaps you could consider refusing the promotion? might be able to pull this off.. and that you dont' accept the new terms of your employment contract. see what they say?

b) if you DO go the route of consulting a lawyer, you'll want to see an employment lawyer and the issue you'll probably be arguing is constructive dismissal... fundamental change to your contract that should be considered equivalent to termination

I work for a big IT company and have been there for over 26 years ( I know I'm a dinosaur). A few months ago , my employer decided to promote everybody in my group by two levels. It just happens that now, we do not qualify for overtime or standby pay . The job has not changed one bit since the promotion - we do exactly the same job.
They expect me to carry a pager every second week and respond within 10 minutes of a page 24x7 . They will give me time off work for the overtime/callout time worked - one hour worked = one hour off. They also expect us to work overtime when needed - for free of course.
I just got my performance review, and even with a good rating , and a two level promotion, did not qualify for any increase in salary.

It seems they want us to quit to avoid paying a severance . If they offered me a severance, I would leave in a minute.
I spoke to a former manager still with the company, and he suggested to get a lawyer.

Do I have a case ?

I am now applying for jobs just in case something better comes around. I do not want to quit and lose a severance for 26 years of service..

What would you do ?

[MrQ]

The overtime/standby income counted to roughly 25% of my total yearly income.
This promotion took effect a few months ago, but everybody was waiting for their annual performance review and anticipating a raise to compensate for the loss of income. That's where they really screwed us...

This whole exercise is to boost their already high profits. Those managers need to qualify for those company bonuses...

[kingfencer]

you need legal advice, since this happened to a bunch of you guys, you guys should get together and do something if it bothers you.

[3weddings]

you need legal advice, since this happened to a bunch of you guys, you guys should get together and do something if it bothers you.

Exactly. Find an employment lawyer and get their advice. Since the overtime was earned before your 'promotion' and assuming it was expensed then in your time sheets, it is still owed to you based on your old contract.

[Icedawn]

The overtime/standby income counted to roughly 25% of my total yearly income.
This promotion took effect a few months ago, but everybody was waiting for their annual performance review and anticipating a raise to compensate for the loss of income. That's where they really screwed us...

This whole exercise is to boost their already high profits. Those managers need to qualify for those company bonuses...


yup. I"m with Kingfencer... given the large proportion (25%), he's right, go get some legal advice on this issue as a group... keeping in mind that you need to be quick about this since you dont' want to be seen as acquiencing to this change.

[Chigu]

This sounds just like another form of extortion!!!!!!!!!!! I have had clients (i'm an auditor) where a few employees had taken them to court over severence and the company usually ends up paying 1 month of severence for each year of service. Therefore if you've been there 26 years, you're talking a HUGE severence package (not sure if it caps out at 20 months though). Just from my experience. There has to be some remedy for this in employment law, otherwise a lot more employers would do this, regardless of how unethical it is.

[Bullseye]

I wouldn't expect much in the way of law advice here on RFD, the only decent advice you've been given so far is to go see a lawyer, which you should.

My understanding, from my experience working for a lawyer, and from taking law courses, is that this would fall under the category of 'contructive dismissal'. Search on that term and read a bit about it, see if you think it applies to your situation.

My concern would be that if this is a big company, they have likely already had their own lawyers veto this approach. There could be important bits of info you are inadvertently leaving out, so it's hard for anyone here, even if they were a law professional, to give proper advice. See a lawyer, the initial consultation is usually free.

[Icedawn]

I wouldn't expect much in the way of law advice here on RFD, the only decent advice you've been given so far is to go see a lawyer, which you should.

My understanding, from my experience working for a lawyer, and from taking law courses, is that this would fall under the category of 'contructive dismissal'. Search on that term and read a bit about it, see if you think it applies to your situation.

My concern would be that if this is a big company, they have likely already had their own lawyers veto this approach. There could be important bits of info you are inadvertently leaving out, so it's hard for anyone here, even if they were a law professional, to give proper advice. See a lawyer, the initial consultation is usually free.

I agree with everything except for the last point -

why?
a) big companies lose cases all the time... someone must have recommended the company litigate and attempt to win rather than simply settle.
b) even if in house counsel advised against this approach's legality, the company may nevertheless have taken this approach. Especially if the people they are doing this to are relatively "low down" and have restricted access to legal advice, the risk of getting sued is relatively low
c) someone else that I just forgot.

back to the OP, here's one of my current practioner/profs at UT. http://www.lancasterhouse.com/conferences/Bio/pinto-a.asp

My understanding is that he practices employment and labour law, and that he primarily represents the aggrieved individuals. Who knows, give him a call/email, see if he's able to talk to you. (Thought you might like an actual recommendation rather than going into the phone book and picking a random lawyer)

[kingfencer]

can't remember what show i watch, it was either silverman helps or some show on cnbc, workopolis. The women was unhappy about her job. The advice the women gave on the show was really complexing and really didn't resolve her problem. You'll need a good employment lawyer.

[Bullseye]

Icedawn - big companies don't lose all the time, though. Large, established companies, have a lot to lose PR wise by playing fast and loose with employee's like this, and in my experience, they usually tread very carefully in these types of things.

Unless the OP works for Nortel? In that case, disregard the above, they are already infamous, and have little to lose at this point.

[Icedawn]

Icedawn - big companies don't lose all the time, though. Large, established companies, have a lot to lose PR wise by playing fast and loose with employee's like this, and in my experience, they usually tread very carefully in these types of things.

Unless the OP works for Nortel? In that case, disregard the above, they are already infamous, and have little to lose at this point.

I would have agreed with you 4 months ago, but I just finished a labour and employment law class. The stuff big name companies have done is outrageous... I was really surprised by the number of companies I recognized.

Mind you, I accept this is a biased sample, but my point is merely that big established companies do break employment law... the actual proportion we both clearly have no idea.

And hey! less Nortel bashing... just bought into their stock :razz:

[elty]

Is it legal to NOT paying overtime, as in not even free hours?

[drewl]

Seeing that the OP was in an IT role, reminded me that in my company at one point they pointed out that they were not obligated (by employment law) to pay OT due to the "nature of the job". Something to do with the job not really in a "production environment" or something.
I could be wrong, but just thought I'd bring it up...

[dealguy2]

Find a new job the market's red hot. These clowns are seriously stupid.

[Dash]

I work for a big IT company and have been there for over 26 years ( I know I'm a dinosaur). A few months ago , my employer decided to promote everybody in my group by two levels. It just happens that now, we do not qualify for overtime or standby pay . The job has not changed one bit since the promotion - we do exactly the same job.
They expect me to carry a pager every second week and respond within 10 minutes of a page 24x7 . They will give me time off work for the overtime/callout time worked - one hour worked = one hour off. They also expect us to work overtime when needed - for free of course.
I just got my performance review, and even with a good rating , and a two level promotion, did not qualify for any increase in salary.

It seems they want us to quit to avoid paying a severance . If they offered me a severance, I would leave in a minute.
I spoke to a former manager still with the company, and he suggested to get a lawyer.

Do I have a case ?

I am now applying for jobs just in case something better comes around. I do not want to quit and lose a severance for 26 years of service..

What would you do ?


When I initially read your post, I was thinking you should quit your complaining about OT, because almost all the people I know work OT and don't get paid for it. It's practically standard unless you get paid an hourly wage.

But then you also wrote that you didn't get an increase in salary, and I'm guessing you didn't get a bonus either? That's definitely not right. Even though we don't get paid OT, it's usually compensated into our salaries, and our bonuses. If you got promoted, and got a good performance review on top of working extra hours, then there's really no reason why you shouldn't get either one if not both. Hiring a lawyer is a resort, but I definitely think you should bring these issues up with your manager and company. You have to take the iniative to bring the matter up and get it out there. If they refuse, you can bring up the fact that you were told you'd get time off for the OT worked, and accept that as compensation as well. Either way, you definitely need to have a talk with your manager about it, and the sooner the better. Just keep a calm head about it and be confident. If they are a good manager they should consider it, and make some sort of arrangement that you can both agree to. If they don't, then I guess get a lawer, and see what kind of a case you have.

[Bullseye]

Employers are not required to pay OT to salaried employers, and most don't. That's likely what has happened with the OP, his group is all now salary.

[deep]

Definitely consult with a lawyer, and do it quickly. You don't want to miss out on any possible recourse due to some statute of limitations on contracts. It's possible that you needed to reject the new terms of employment, but can still do so up to date XX/XX/XXXX.

One thing I don't get - you said they give you an hour off for for every hour of overtime worked, then you say they want you to work overtime for free....which is it? The first seems OK, the second is not.

"They will give me time off work for the overtime/callout time worked - one hour worked = one hour off. They also expect us to work overtime when needed - for free of course."

[ghostryder]

Employers are not required to pay OT to salaried employers, and most don't. That's likely what has happened with the OP, his group is all now salary

Ok I am not in Ontario but that does not seem to be entirely true:

http://www.labour.gov.on.ca/english/es/factsheets/fs_hours.html

"Most employees are eligible for overtime pay, whether they are full-time or part-time students or casual workers.

But certain industries and job categories are exempt from the overtime rules set out in the ESA, and some job categories have different overtime thresholds. Please refer to the chart in the "How Are You Covered by the ESA?" fact sheet for details about job-specific exemptions to the overtime pay rules, and jobs that have a special overtime threshold.

Also, employees not covered by the ESA are not governed by the rules on overtime pay. For more information, see the General Information fact sheet.

Do managers and supervisors qualify for overtime pay?

Managers and supervisors don't qualify for overtime pay if the work they do is managerial or supervisory and they perform any non-supervisory or non-managerial tasks on an irregular or exceptional basis."


I would contact the employment standards people and get their view to see whether or not you are covered under the Act.

Get legal advise quickly!! From a contract law perspective your employer has breached your original contract and unless you consent to the "new" agreement they should be held to the original contract. Your willingness to work under the "new" contract could be construed as acceptance of this new contract.

My personal experience has shown that most employers are ruthless bullies that count on people not knowing their rights and not obtaining legal advise.

Also keep in mind that the legal precidents for severance are more generous than the statutory minimum requirements for severence. Especially for long term employees.

In addition if you do incur legal costs they are tax deductable (from CRA):

You paid fees to collect (or establish a right to) salary or wages. It is not necessary for you to be successful; however, the amount sought must be for salary or wages owed. You must reduce your claim by any amount awarded to you in respect of those fees, or any reimbursement you received for your legal expenses.

[Think]

What company are you working for?

[weedb0y]

Seeing that the OP was in an IT role, reminded me that in my company at one point they pointed out that they were not obligated (by employment law) to pay OT due to the "nature of the job". Something to do with the job not really in a "production environment" or something.
I could be wrong, but just thought I'd bring it up...

I know when I did security during school years, I was never paid OT due to the nature of the job. (was putting in 65hrs at $9 only!)

[v33k]

Isn't Promotion = Salary/Benifit increase

Promotion with no increase in salary and added responsibility = pay deduction

http://content.monster.ca/6607_en-CA_p1.asp


3. There is no option but to accept fundamental changes to my job:
If the company makes substantial changes to your duties or to how you are paid, you may have a claim for constructive dismissal. This means you could resign if you disagree and sue for wrongful dismissal damages.

[ghostryder]

As a follow up to my previous post I dug a little deeper on the ON labour site and it seems that IT personnel are not covered by the ESA with respect to overtime.

However, based on the available info this seem likely to be a case of constructive dismissal as mentioned by others.

That a major term of your employment contract (your pay, and their willingness to pay OT up to now) has been changed means that your contract has likely been breached.

Since this term was changed without your consent and without consideration and seems to have been done for no other purpose than to avoid paying OT that they were willing to pay before (regardless of whether you fall under the ESA provisions or not) resulting in an effective pay cut, I suspect a court would see this as constructive dismissal.

[MrQ]

Thanks for all the feedback.. I am in the process of getting legal help on this matter. We will see where that leads me.

[GangStarr]

What did IT companies do back in 1981? service fax machines?

[g0f15h]

After 26 years its tough to find a new job but thats a better use of your time than hiring a lawyer. You have no case and you really can't hope to win against a large firm. Realistically no one really expects you to respond to a page in 10 minutes so don't get too anxious about that. If its the same job as before as you say the only change is no OT pay. While its not ideal it could be worse.

Start to cover your behind by visiting you doctor and make sure to note your sleep disorder, stress, chest pains and blurry night vision as a result of new changes at work. If you do end up with a lawyer you want to have some documentation how your being negativly effected by the changes at work. Keep a detailed journal of all OT and write it in a way that you won't be embarrased should it end up as evidance.

Make sure to boast regurlaly to your direct manager about your busy lifestyle and he just may end up dumping more OT on the looser dude with no life on your team. Yes thats mean but your enjoyment of life is more valuable.

Severence for 26 years service is not much at the end of the day and if you still have 10 years left till retirement you'll easily earn that lost windfall back with a new job that pays fairly.

[ullyeus]

OP: that is a really tough scenario you are in, I don't envy you at all and would feel pretty insulted.

After 26 years its tough to find a new job .

Why? People switch jobs all the time, 26 years of experience is a good thing to have.


but thats a better use of your time than hiring a lawyer. You have no case and you really can't hope to win against a large firm. .
I disagree, if it's wrong talk to a lawyer at least and find out where you stand, large firms can lose or settle all the time.


Realistically no one really expects you to respond to a page in 10 minutes so don't get too anxious about that..

Incorrect in many industries, 10 minutes could cost tens of thousands of dollars in some cases.


If its the same job as before as you say the only change is no OT pay. While its not ideal it could be worse. ..

A 25% paycut with no other compensation is a bad thing....really bad.


Start to cover your behind by visiting you doctor and make sure to note your sleep disorder, stress, chest pains and blurry night vision as a result of new changes at work. If you do end up with a lawyer you want to have some documentation how your being negativly effected by the changes at work. Keep a detailed journal of all OT and write it in a way that you won't be embarrased should it end up as evidance...

This makes no sense, it's the exact same job, that's exactly what the OP
s only defence is and why he is posting. Why would the same job suddenly have negative health effects on him?


Make sure to boast regurlaly to your direct manager about your busy lifestyle and he just may end up dumping more OT on the looser dude with no life on your team. Yes thats mean but your enjoyment of life is more valuable....

You are one of the least helpful people I've seen on here in quite some time.


Severence for 26 years service is not much at the end of the day and if you still have 10 years left till retirement you'll easily earn that lost windfall back with a new job that pays fairly.

Could be up to 2 years or so, that's not bad at all while you look for a new job or get another job. And yes, your logic that if he gets another job he will earn money is amazing.

[Icedawn]

+1... rule of thumb is 1 month of notice (or salary in lieu or notice) per year or service... so yes, 26 months of service for yourself... and also for the other people in the same boat as you makes for a pretty big class action lawsuit.

Ignore the guy, get the legal advice, find out if an actual practicing lawyer thinks you have a shot for arguing constructive dismissal or anything else.

OP: that is a really tough scenario you are in, I don't envy you at all and would feel pretty insulted.



Why? People switch jobs all the time, 26 years of experience is a good thing to have.


I disagree, if it's wrong talk to a lawyer at least and find out where you stand, large firms can lose or settle all the time.



Incorrect in many industries, 10 minutes could cost tens of thousands of dollars in some cases.



A 25% paycut with no other compensation is a bad thing....really bad.



This makes no sense, it's the exact same job, that's exactly what the OP
s only defence is and why he is posting. Why would the same job suddenly have negative health effects on him?



You are one of the least helpful people I've seen on here in quite some time.



Could be up to 2 years or so, that's not bad at all while you look for a new job or get another job. And yes, your logic that if he gets another job he will earn money is amazing.

[g0f15h]

OP: that is a really tough scenario you are in, I don't envy you at all and would feel pretty insulted.

Why? People switch jobs all the time, 26 years of experience is a good thing to have.

I disagree, if it's wrong talk to a lawyer at least and find out where you stand, large firms can lose or settle all the time.

Incorrect in many industries, 10 minutes could cost tens of thousands of dollars in some cases.

A 25% paycut with no other compensation is a bad thing....really bad.

This makes no sense, it's the exact same job, that's exactly what the OP
s only defence is and why he is posting. Why would the same job suddenly have negative health effects on him?

You are one of the least helpful people I've seen on here in quite some time.

Could be up to 2 years or so, that's not bad at all while you look for a new job or get another job. And yes, your logic that if he gets another job he will earn money is amazing.

Its 26 years at the same job, not several different places like most people, so its tougher than your typical person who does this every 7 years or so. Experiance is good to have of course. Don't forget some places like to train new grads too. He described himeslf as a dinosaur, does this really need to be explained?

Pick battles you can realistically win, not out of some spur of the moment thoughts. Would you gamble so much with odds not in your favour? If your a gambler then go for it.

Sure some industries require a response within 10 minutes, but most don't. Only the op can figure that one out. There is no need to jump out of the bath at the sound of a pager for most IT guys.

Don't see a mention of a base salary paycut, and if there is a paycut then going from salary of $75k to $55k is still managable for many. Its at least enough to survive while finding a new job.

The op mentioned it now requires him to wear a pager and be on call on rotation. Thats new duties that would affect most people who are used to 9 to 5.

Not everything I pen is helpful to all but food for thought for some. I sure hope yourself and family comes before work.

Severance could be perhaps $50k in his pocket after taxes and lawyer. Its more than likely a new better paying job will cover that within 10 years, even quicker as you claim there is a 25% reduction now. I'd jump on a better job that gives me an extra $10K a year and forgo any severance.

[ullyeus]

Its 26 years at the same job, not several different places like most people, so its tougher than your typical person who does this every 7 years or so. Experiance is good to have of course. Don't forget some places like to train new grads too. He described himeslf as a dinosaur, does this really need to be explained?


I'll reiterate once more that I can't imagine there are any good employers out there that would look at 26 years at the same job as a bad thing. Especially in IT.


Pick battles you can realistically win, not out of some spur of the moment thoughts. Would you gamble so much with odds not in your favour? If your a gambler then go for it.


The originally poster said this has happened months ago, this is obviously a big issue for him. I would do what is right and look into resolving this issue. As he is ready to leave if given any change I don't see this being a big gamble for him.



Sure some industries require a response within 10 minutes, but most don't. Only the op can figure that one out. There is no need to jump out of the bath at the sound of a pager for most IT guys.


I can toss generalizations right back at ya if you want.


Don't see a mention of a base salary paycut, and if there is a paycut then going from salary of $75k to $55k is still managable for many. Its at least enough to survive while finding a new job.


Some people can survive of $15k a year, I don't understand your point. And I would consider the average money you made for your job for the last 3 decades the "base" salary.


The op mentioned it now requires him to wear a pager and be on call on rotation. Thats new duties that would affect most people who are used to 9 to 5.


No.. he didn't mention that...what he did say was that the job duties were exactly the same and he had to carry a pager, nothing indicating he didn't always have to wear a pager.


Not everything I pen is helpful to all but food for thought for some. I sure hope yourself and family comes before work.


I balance my personal and work life but I would never work at a job I couldn't enjoy.


Severance could be perhaps $50k in his pocket after taxes and lawyer. Its more than likely a new better paying job will cover that within 10 years, even quicker as you claim there is a 25% reduction now. I'd jump on a better job that gives me an extra $10K a year and forgo any severance.

I don't understand why you are saying this. Why not try to get severance if it's owed to you and a new job? Are you saying you would give up severance just...because?

[NorthYorker]

I'll reiterate once more that I can't imagine there are any good employers out there that would look at 26 years at the same job as a bad thing. Especially in IT. That may be true in ROC (Rest of Canada), but not in GTA. Some time ago I tried to help out to guy I befriended during one of my contracts. He had been with this company for 10+ years. We're close in age, area we specialize in and years of experience, so I thought I'll forward to him some opportunities I wasn't interested in (had a long-term contract and wasn't looking for another). Besides, I'm an immigrant with acent and foreign education (and good chunk of my experience is foreign too) and he's UofT-educated Canadian. Surprise, surprise. People who almost harassed me with inquiries about both perm and contract positions didn't call him at all once he forwarded his resume to them. I could see no other reason but that he was with same company for too long.

[g0f15h]

I'll reiterate once more that I can't imagine there are any good employers out there that would look at 26 years at the same job as a bad thing. Especially in IT.

The originally poster said this has happened months ago, this is obviously a big issue for him. I would do what is right and look into resolving this issue. As he is ready to leave if given any change I don't see this being a big gamble for him.

I can toss generalizations right back at ya if you want.

Some people can survive of $15k a year, I don't understand your point. And I would consider the average money you made for your job for the last 3 decades the "base" salary.

No.. he didn't mention that...what he did say was that the job duties were exactly the same and he had to carry a pager, nothing indicating he didn't always have to wear a pager.

I balance my personal and work life but I would never work at a job I couldn't enjoy.

I don't understand why you are saying this. Why not try to get severance if it's owed to you and a new job? Are you saying you would give up severance just...because?

Yes employers like experiance no question about it. But the point is the employee not the employer - I think we are on different wavelengths. The poor guy is out of the loop when it somes to job hunting as he hasn't done it for decades. You bring up another issue with IT workers such as nortel guys who are useless elsewhere after 26 years. A network guy isn't using much info he learned 20 years ago as IT is ever changing. A new employer is going to have to break his ingrained habits to the new companies way of doing stuff also.

The gamble is he may loose and just end up paying law fees. $5k in law fees vs getting that new job now that may pay $10K more. He may get his $50K but he may not and he'll have to continue with that crappy job in the meantime.

Generalizations, stereotypes, whatever ya call them. Most people the first time they get a cell phone, pager, or even email think they must pick up immediately. The world will not end if he finishes his bath befor responding to a page. Pagers are not nice but can be more managable once you figure out the accepted call-back requirements.

No one can survive on $15K a year. Base salary is your yearly earings before bonus, overtime, pension, and heath plans and such. He lost his OT so is down to just a base salary. I didn't see a mention of a salary paycut. Not sure why his income 3 decades ago matters.

I read the pager and 24/7 stuff was new duties and based my comment on that.

You commented on my suggestion to dump off work on others to improve your chances with a typical weekends with family without pager interuptions - it had nothing to do with how you enjoy your job but rather how you enjoy life.

I suggest he not try to get severance because it will cost $5k and is unlikey to win. I suggest he focus on his job hunt which does not cost anything and may net him $10K a year more. He is not "giving up" anything. Am I "giving up" a million bucks when I choose not to buy a lotto ticket?

[a2vr6]

When I initially read your post, I was thinking you should quit your complaining about OT, because almost all the people I know work OT and don't get paid for it. It's practically standard unless you get paid an hourly wage.



Let me get this straight, because you like taking it in the rear by not getting paid OT then the OP should also? Are you kidding? It's people like yourself that allow crap like this to go on. Since when has working free OT have anything to do with bonus's or raises? To my knowledge, a bonus is usually based on performance, not how many FREE HOURS YOU WORKED. Those are 2 totally separate things! :mad:

[hawkbox]

I would bring it to a lawyer myself if I were you. I am about to have a showdown with our payroll Dept. Oh, I just checked my time sheets and it was my bad. Oh well. Still talk to a lawyer dude.

[blainehamilton]

I feel for you man. NCR recently tried doing this accross canada with their long term employees in the financial and retail support groups. Offer the employees a 'promotion' with no change in job description but inclusion of overtime in the contract. You can see the writing on the wall.

The stupid clowns at NCR tried this in the Edmonton job market, and lost all of their experienced IT personnel as a result. Hell, you can make almost as much working as a shift manager at Mc'Ds or Tim Hortons...

[YnD]

They are still abiding by law. What are you going to sue them for?

Constructive dismissal won't apply in this case which is really your only option since all the other laws are still being followed.

What I interpreted from your story.
1. They promoted you (definately not a negative from a title perspective)
2. You are receiving the exact same benefits/pay (with no change of duties)
3. Its not your discretion to make a case about overtime pay. If you exceed 44 Hrs they owe you overtime pay, if not then they don't have to pay you anything according to law under the Employment Standards Act.

But yeah, if you quit willfully, no severance pay is required.

[halflife150]

They are still abiding by law. What are you going to sue them for?

Constructive dismissal won't apply in this case which is really your only option since all the other laws are still being followed.

What I interpreted from your story.
1. They promoted you (definately not a negative from a title perspective)
2. You are receiving the exact same benefits/pay (with no change of duties)


I disagree, I think they may have a case for constructive dismissal, for 2 reasons:
1. they were promoted yet their job/salary is exactly the same less the OT (not really a promotion if everything stays the same)

2. 25% of wages come from OT, that's a big chunk of money to go unpaid.

They can show the courts the company is trying to avoid paying OT by promoting them, and then prove those promotions were in name only since they are doing the exact same job as before with same salary less OT(which represetns 25% of their take home pay, big chunk).

[blainehamilton]

If I was you, I would be refusing to work the overtime hours, or severely limiting the actual hours you are willing to work. You can play the same game they are...

[ullyeus]

3. Its not your discretion to make a case about overtime pay. If you exceed 44 Hrs they owe you overtime pay, if not then they don't have to pay you anything according to law under the Employment Standards Act.
.

not true.

[ullyeus]

If I was you, I would be refusing to work the overtime hours, or severely limiting the actual hours you are willing to work. You can play the same game they are...

I would not suggest you stop performing the regular work duties you perform.