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  • Sarah Parker
    Participant
    April 30, 2025 at 4:05 pm
    Post count: 2
    #95380
    Forum: Community

    We are looking at eliminating a position at the company I work for and offering the employee another position. What are the legal ways to do this? Is this considered constructive dismissal and is severance payable. The employee has been here 10 years.

    Haley O’Halloran
    Keymaster
    May 1, 2025 at 7:52 am
    Post count: 203
    #95382

    When eliminating a position and offering an employee a different role, there are several legal considerations to address—especially with a long-tenured employee (10 years in this case). Whether this constitutes constructive dismissal and triggers severance obligations depends on the nature of the role change, employee consent, and employment standards legislation in your jurisdiction. To avoid constructive dismissal claims, please consult legal counsel as this question is beyond my scope and we want you to remain as compliant as possible.

    -HRInsider Staff

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