Our clinic had to change the hours of operation and asked our employees if they were able to change their schedule to accommodate the new hours. 3 out of 4 employees agreed to change their hours and one of them we had to reduce her hours. The 4th employee is unable accommodate. Our only option for her is to reduce her hours and give her hours to our other employee. How do we proceed with this situation with the employee who is unable to accommodate the change?

Thank you for your question. If an employer unilaterally changes the fundamental terms of employment (i.e. schedule, compensation, hours worked etc.), the employee could make a claim for constructive dismissal and would be owed severance. I would encourage you to visit the severance pay calculator our firm has developed to see what the employee could be owed (www.SeverancePayCalculator.com).

The employee's ability to claim for constructive dismissal would depend on the magnitude/type of change. In order to properly assess the situation we would require more information and a more detailed understanding of your business. We would be happy to set up a free and confidential consultation with one of our employment lawyers who will provide you with more precise and detailed analysis. Please call us to book an appointment at your earliest convenience.