constructive dismissal
Proving constructive dismissal can be difficult, but it is possible to win compensation from an employer that creates intolerable working conditions. An employee must demonstrate that the workplace conditions are so intolerable that they amount to a repudiation of an essential term of their employment contract. That is, they must prove that their employer essentially terminated them without giving proper notice and/or paying termination pay in lieu of notice.
A constructive dismissal lawyer can review your case, examine the terms of your employment contract, and flag potential issues. They can also help you draft a resignation letter that clearly articulates the unreasonable circumstances that caused you to resign. Then, if they can successfully argue that the working conditions were intolerable, the court will award you the appropriate amount of compensation based on your length of employment and the availability of similar work in the local area.
Generally, it is easier to prove breach of an explicit term of the employment contract than a breach of an implied term. However, both types of breaches are often difficult to detect and can occur in a variety of ways. For example, an employer can breach an explicit term if they cancel a contract benefit, eliminate a specified job responsibilities or reporting functions, unilaterally make a change to a salary structure, impose a pay decrease, or arbitrarily suspend your employment.
Proving constructive dismissal
However, it is important to note that not every change to the workplace constitutes a constructive dismissal. Many changes are expected and may not have any significant impact on an employee’s job. Moreover, an employee can implicitly consent to a change if they do not raise any objection for a substantial period of time.
An experienced employment law firm can provide advice on what kind of evidence is needed to support your claim. This is important as, if you don’t meet the requirements of the law, your claim will fail.
For more information on this topic, contact our office to speak with a constructive dismissal lawyer near me. At Ball Professional Corporation, our team of knowledgeable and experienced lawyers can assist with a wide range of employment matters, including wrongful dismissal. To schedule a consultation, please call us at 416-409-800 or fill out the online contact form.
We proudly serve clients throughout Ontario. Our offices are located in Toronto and Markham. Our firm is dedicated to providing high-quality, efficient legal representation. Our lawyers are fluent in English and French, and have extensive experience with employment law matters, including wrongful dismissal claims. We will be happy to discuss your case and provide you with an honest assessment of your case’s merits. We accept a variety of payment methods, and offer flexible fee arrangements. We can also refer you to an employment law specialist if we are not the right fit for your legal needs. We look forward to hearing from you. For your convenience, we can arrange appointments for evenings and weekends. Call today!
