Making a Claim for Constructive Dismissal
You may be able to make a claim for constructive dismissal if your employer creates intolerable work conditions, forcing you to quit. The circumstances surrounding this type of employment dispute are complex, and it is important that you understand what to look out for in order to identify whether or not you have a valid claim.
Generally speaking, an employee is able to claim constructive dismissal when their employer breaches the implied term of trust and confidence in all contracts of employment by making changes that render their position of work intolerable. The breach may be in the form of a single event or activity, or it may take the form of a series of events or activities that together form a fundamental breach.
Changes that may be deemed to constitute a constructive dismissal include a reduction in pay, a change in hours of work, or a change in your workplace status such as moving to another location. A change in responsibilities may also be considered a change of your working conditions, but it must be either many minor changes (death by a thousand cuts) or a substantial change.
What You Should Know When Making a Claim for Constructive Dismissal
It is important to note that you can only constructive dismissal lawyer near me if you resign within a reasonable period of time following the unilateral change of your contract of employment, or you will be deemed to have condoned the change. This means that you should raise any issues you are experiencing with your employer as soon as possible, and give them the opportunity to resolve the problem.
If you are unable to find a solution with your employer, then it is best that you consult with an employment lawyer to discuss your options. An experienced lawyer can evaluate your case, advise you of your legal rights and guide you through the legal process. There are a number of different funding options for employment law cases including no win no fee arrangements. This means that you will not be required to pay any legal fees unless your claim is successful.
If your employer has made your work environment intolerable, it is important that you seek legal advice as soon as possible to determine whether or not you are able to claim constructive dismissal. Doing so could save you time, money and the frustration of a lost career.
Employment lawyer Paulette Haynes of Haynes Law Firm is well versed in the laws concerning constructive dismissal and has extensive experience representing employees in this area of the law. She regularly works alongside employers to provide tools for management designed to shield them from liability.
Contact us today to discuss your case with one of our employment lawyers. We offer no obligation consultations and can help you determine the merits of your case before advising you on how to proceed. We are based in Toronto and serve clients across Ontario, including Mississauga, Brampton, Hamilton, Oakville, and the GTA. If you are looking for a Constructive Dismissal Lawyer near me, please call us on (416) 585-3090 or fill out our online form here.