Constructive Dismissal
If you’re an employer, it’s important to understand your employees’ rights in the workplace. This is especially true when you’re going through a business restructuring and need to provide your staff with severance pay or are navigating any other change to employee conditions. Having an experienced Toronto Constructive Dismissal Lawyer on your side to review employment contracts, workplace policies and more can help you ensure you’re meeting your obligations as an employer while providing your workers with a safe, healthy and fair working environment.
constructive dismissal happens when an employer breaches an express or implied term of an employment contract by making changes that are intolerable to the worker and force them to resign. These changes can be as small as a single word or action, but the key is that they need to significantly impact the worker’s ability to carry out their job duties.
In most cases, an employee will try to communicate with their employer about any issues that affect them. However, in some situations, an employer may not take their concerns seriously. This could be in the form of ignoring an employee’s complaints, not responding to their requests for clarification or simply being unresponsive. In addition, the employer’s actions need to be significant enough that they create intolerable working conditions.
Can Constructive Dismissal Be Revoked?
Typically, these intolerable working conditions are a result of a breach of the terms of trust and confidence that exist between employers and employees as part of the implied term in all employment contracts. However, an employee must prove that their employer acted in bad faith. For example, an employer can be in bad faith by threatening to sack an employee if they don’t resign or by taking away work equipment, keys or any other materials the employee requires to do their job successfully.
In addition to proving that an employer acted in bad faith constructive dismissal lawyer, an employee also needs to demonstrate that they had no choice but to resign due to these intolerable working conditions. This is a difficult task since an employee must make a decision to quit their job and then find a new one. For this reason, it’s always best to contact a skilled wrongful termination attorney before taking such a risky step.
Whether you’re an employee looking for a new job or an employer who’s experiencing business restructuring, our team at Benjamin Law is ready to guide you through the process. Our knowledgeable Toronto Constructive Dismissal Employment Lawyer will be able to assess your situation, recommend the best legal action to pursue and fight for your rights in court.
We have years of experience representing employees in various workplace disputes. Our clients include private and public companies, government agencies, charities and more. Our clients know that we will put our best efforts forward to get the results you need and are dedicated to achieving optimal outcomes for every case we handle. To learn more, contact us today to book a free initial consultation with our lawyer.