examples of behavior that may constitute constructive dismissal
When a work environment is so intolerable that an employee feels they have no choice but to resign, this is known as constructive dismissal. A constructive dismissal is a form of wrongful termination and if the circumstances are right, an employer could be liable for damages.
If an employer violates the law in this regard, it is important to consult with a Toronto constructive dismissal lawyer as soon as possible to ensure that you are protected from further retaliation and have a chance to pursue the remedies available to you. It is important to note that this discussion only applies to non-unionized working environments, as unionized employees have the option of filing their grievances through their unions and utilizing the processes set out in their collective agreements.
There are many different factors that can contribute to a situation of constructive dismissal, and each case is highly dependent on the individual facts of the matter at hand. In general, a claim of constructive dismissal will arise when an employer unilaterally and substantially changes a fundamental term of an employment contract. What constitutes a “fundamental change” will vary depending on the specific case, but can include things such as a change in compensation, a reduction in role and/or responsibilities, or even a move to a different location.
What are examples of behavior that may constitute constructive dismissal?
An example of a constructive dismissal would be when an employer reduces an employee’s salary by 50% without any explanation or justification. This type of action can leave a person in a very difficult financial position as they have to cover mortgages and other expenses and can be demoralizing to say the least.
In addition to the above, an employer’s failure to address workplace concerns or issues may also amount to constructive dismissal. This can be in the form of an employer failing to investigate a workplace complaint or simply refusing to listen to any negative feedback from an employee.
A final circumstance that can amount to constructive dismissal lawyer near me is when an employer is in breach of the minimum standards set out under provincial and federal laws regarding workplace safety and health and safety. If an employer fails to meet these minimum standards, this can create a dangerous work environment for all workers and can result in serious injuries.
If you believe that your employer has committed a breach of the law, contact an experienced Toronto constructive dismissal lawyer at HTW Law as soon as possible to protect your rights. If you are successful in proving constructive dismissal, you may be entitled to significant damages, including lost wages and severance pay. We can help you determine if you are eligible to file a claim in Small Claims Court or Superior Court. Call us today for a free legal consultation.
