Claim For Constructive Dismissal
A claim for constructive dismissal is an employment law matter that must be taken seriously. It involves an employer’s breach of an employment contract or a serious affront to an employee’s dignity, self-respect and/or security of livelihood. If you believe you are a victim of constructive dismissal, it’s important to act immediately. A Constructive Dismissal Lawyer in Toronto can help you understand your rights and what your next steps should be.
In a nutshell, constructive dismissal occurs when an employer, by words or actions, unilaterally makes a fundamental change to the terms of your contract without your consent. This can include a reduction in your wages, an unjustified change in your job description or a move away from your regular work location. In some cases, your employer may also have created or allowed the creation of a toxic and hostile work environment.
These changes can be so severe that a reasonable person in your shoes would find that continuing to work there is intolerable and you feel no choice but to resign. A constructive dismissal claim may also involve a breach of the implied term of trust and confidence that exists in all contracts of employment. Such a breach can be one serious incident or a series of incidents that add up to a serious breach.
A Claim For Constructive Dismissal – What You Should Know
In order to make a successful constructive dismissal claim, you must be an employee and that usually means having at least 12 months’ continuous service with the same employer (unless there are exceptional circumstances). The claim must be made within 6 months of your termination.
Your first step is to raise any concerns formally with your employer. This can be done in the form of a letter, email or even verbally at a meeting. In a formal communication, you should set out the significant changes to your contract and explain why you believe these changes constitute a fundamental breach of your contract and that you have no option but to resign as a result.
You should avoid resigning before you have the opportunity to raise your concerns formally with your employer, because if you do, your employer could argue that by leaving you have accepted their conduct or treatment. It’s also important to think carefully about whether or not you are a victim of constructive dismissal Toronto before you quit, because the loss of income can have a significant impact on your life and you could potentially miss out on statutory notice or severance pay if you fail to make a successful claim.
You will need to have a solid understanding of employment laws in order to successfully navigate constructive dismissal. It is vital that you seek the advice of an experienced and knowledgeable workplace lawyer. An attorney can help you identify the issues at hand, assess your claim and provide expert guidance to help you obtain the best outcome possible in your case. Whether you are an employee who feels they have been unfairly dismissed or you are an employer managing workplace issues, an attorney is the best way to ensure that your interests are protected.
