Define constructive dismissal
Many employees work for businesses that operate within the parameters of employment law. In these instances, employers are required to comply with local, state and federal laws that protect their employees’ rights. However, some employers may seek to circumvent these legal protections by creating intolerable working conditions for their employees. This is commonly known as constructive dismissal. Constructive dismissal is when an employer, although they don’t explicitly terminate an employee, change their terms of employment in a way that makes the employee feel forced to quit their job.
Generally, constructive dismissal claims are based on a fundamental breach of the implied term of trust and confidence contained in all contracts of employment. When an employer violates this term, they will likely face a complaint from their employee. The employee will typically attempt to resolve the issue informally or formally with their employer before they file a constructive dismissal claim. In most cases, the employer will argue that no fundamental breach occurred and that they acted appropriately in accordance with their employment contract.
An example of constructive dismissal would be if management suddenly reduces your salary without providing any explanation or justification. This could be deemed as a breach of the implied term of trust and confidence since it leaves you without the income that you were previously receiving, and therefore, you cannot sustain your living expenses or meet your mortgage payments. You communicate your objections and request clarification from your manager, but they fail to provide you with any information. Since you cannot afford to continue to work in such intolerable conditions, you decide to quit your job.
What is Constructive Dismissal?
This is an example of a case in which you could file for wrongful termination and contact a constructive dismissal lawyer toronto. However, a constructive dismissal claim is very difficult to win in tribunals, and not everyone who quits their job will qualify for compensation. For instance, you must have been working for the company for 2 years to be eligible to make a claim. Moreover, tribunals may find that you left your job because of a single incident rather than over a pattern of incidents. This can be considered a tacit acceptance of the unreasonable situation and is unlikely to be accepted by a tribunal.
Another important consideration is that your workplace must have been altered significantly to make it intolerable. A minor dock in pay, a small change in your duties or even an ornery boss may not be sufficient to constitute a constructive dismissal, but significant negative changes that make it impossible for you to carry out your work responsibilities can.
An experienced constructive dismissal Toronto lawyer can help you determine whether your current work conditions are intolerable, and if they are, what steps you can take to protect your interests. In the meantime, it’s essential that you document all events and communications surrounding your claim. Make sure to keep copies of emails, texts or letters that discuss the matter and take clear notes either during or immediately after any meetings in which you raise your concerns. This will give you a strong case in court in the event that you need to file for wrongful termination and represent yourself against your employer.
