Rights and Constructive Dismissal
The law generally states that employees are in an at-will employment relationship, which means they can be terminated at any time with or without cause. However, there are exceptions to this rule. When employers unilaterally change workplace conditions to a degree that makes them intolerable, an employee may have grounds for a constructive dismissal claim.
For example, suppose your boss reduces your salary by half without providing a reason or justification. This intolerable work condition is a breach of your contract. You could sue your employer for constructive dismissal and wrongful termination and seek compensation for damages.
In addition to the requirement of proof of a breach of contract, an employee must be able to show that the change substantially altered an essential term of their employment. The court will determine whether this is the case by assessing how a reasonable person would feel about the situation. This determination will also depend on the kind of change that occurred and your specific circumstances. For example, a change to an employment contract that affects your wages will be easier to prove than a change in job duties.
If you’re in the latter situation, a constructive dismissal lawyer will need to determine that the new job requirements have made it impossible for you to earn a living. This includes considering the age, length of employment, and availability of similar jobs in your area. In addition, you may need to demonstrate that you have made a reasonable effort to find alternative employment.
Employee Rights and Constructive Dismissal
A claim for constructive dismissal must be filed within the statutory limitation period, usually one year from the date of the breach. If you fail to file a claim in time, you will not be eligible for severance pay or compensation.
While it is important to get everything in writing, it’s also vital that you speak up and address any concerns you have. If you are able to resolve the issue through discussion, it will be more difficult for your employer to argue that you have a valid claim.
You should keep track of any changes in the workplace that make you uncomfortable and take clear notes either during or immediately after meetings about these issues. These records will be crucial to your case.
To be successful in a constructive dismissal Toronto action, you must show that the work environment was intolerable and that continuing to do your job would result in hostility, embarrassment or humiliation. In the absence of this evidence, it’s unlikely that a court would consider your claim to be legitimate.
If you believe that your workplace has changed to the point where you can no longer tolerate it, contact Bune Law today to arrange a consultation with a Toronto constructive dismissal lawyer. We will review your circumstances, advise you on the strength of your case, and discuss how we can assist you. Contact us online or call our office at 647-484-3529 to schedule your consultation. Typically, it takes up to two hours to meet with our lawyers.
