Constructive Dismissal
Understanding your constructive dismissal is a vital component of any employment dispute. If you find yourself in a position where it becomes clear that you are not able to remain at work due to significant changes, seek professional advice from a qualified wrongful termination lawyer right away. Doing so can help you avoid making mistakes that could compromise your ability to receive compensation.
Essentially, an employer commits constructive dismissal when they act in a way that breaches an implied term of trust and confidence that exists in all contracts of employment. This is most often found in cases where the employer acts in a manner that creates intolerable working conditions. For example, if your supervisor demotes you without any explanation or justification or makes you do excessive overtime to meet sales targets that are unreasonable and make you sick as a result, this could constitute a breach of the implied term.
Another common form of a constructive dismissal is when an employer fails to respond to your concerns regarding bullying, harassment, discrimination or physical safety risks. This is particularly damaging to an employee’s mental health and may lead them to quit their job.
Understanding Your Constructive Dismissal
In these situations, the employer can also be guilty of a fundamental breach of contract by failing to take reasonable steps to resolve the issue. Alternatively, they can commit a series of minor breaches that together amount to a fundamental breach of contract – such as demeaning an employee in front of their colleagues on a regular basis or repeatedly failing to pay them their contractually-due bonuses.
The law defines “intolerable working conditions” to mean conditions that would cause a person who has been employed for a long period of time to leave their job if they did not have any choice. Having to quit a job due to intolerable working conditions can have serious repercussions for an individual, including financial hardship, loss of health and life insurance coverage and a prolonged period of unemployment.
Employers need to be very careful when they are introducing major changes to their workplace policies and practices, because an allegation of constructive dismissal lawyer can be extremely difficult to prove. It’s best for them to consult with a Toronto constructive dismissal attorney before making any major changes in order to avoid risking their legal rights and the potential for an expensive lawsuit.
It is not uncommon for employers to dispute a claim of constructive dismissal by arguing that they did not breach any of the terms and conditions of their contract. To prove a claim of constructive dismissal, you will need to detail the specific fundamental breaches of contract that have led to your decision to quit. This can be quite challenging, especially if you have attempted to solve the issues informally with your employer and/or in writing and the matter remains unresolved. Having a strong case is essential to ensuring that you are awarded the compensation that you deserve. An experienced constructive dismissal lawyer can help you build a solid case that supports your claims of being forced to quit a job due to intolerable conditions.