Grounds For Constructive Dismissal

Constructive Dismissal

While a hostile workplace can be one of the most obvious grounds for constructive dismissal, there are other situations that can also qualify. For example, if your employer changes key terms of your employment contract or creates intolerable working conditions that make it impossible to continue to work, you may be entitled to a wrongful termination claim.

This can include a significant change in salary, the elimination of an existing benefit, a reduction in job responsibilities, a move to menial or degrading work, reassignment to a lower position in the company hierarchy, or even a change in the location of your place of employment, among others. These types of situations can be difficult to prove because the test is whether a reasonable employee would feel compelled to resign as a result of the employer’s actions.

Generally, an employer will try to avoid a claim of constructive dismissal by communicating the changes in employment terms formally with the affected employee, either verbally or in writing. However, when this doesn’t take place and an employee feels they have no choice but to resign as a result of these intolerable conditions, it can be challenging to get the compensation they are entitled to.

For instance, let’s say Jane’s manager consistently singled her out with criticism in front of the rest of the team or degraded her in meetings, and it became too much to bear. She spoke to her manager about the situation and asked for clarification, but the manager refused to provide any explanation or justification for the change in her working environment. As a result, she found it too difficult to keep her job and was forced to resign with immediate effect.

Grounds For Constructive Dismissal

A wrongful termination case based on a finding of constructive dismissal Toronto can be extremely complicated and time-consuming, especially if the employer has made attempts to correct the issue and the employee refused to accept the solution. Therefore, it is important to consult a lawyer as soon as you notice a problem. A Toronto constructive dismissal lawyer can help you understand your legal rights and options.

In addition to severance pay, you could be entitled to lost wages and other losses incurred as a result of the dismissal, including the cost of training or relocation expenses that you may have undertaken for your new job. It is important to note that the amount of damages that you can receive will be determined by how long you worked for your former employer and the availability of similar positions at other companies in the area.

If you believe that you have been wrongfully dismissed, it is vital to act fast and contact a Toronto constructive dismissal lawyer at Bune Law for a consultation. We will review the facts of your case, advise you of the strength of your claims and help you devise a strategy. We offer free initial consultations and are committed to representing employees with respect and integrity. Contact us today to schedule an appointment.

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