Constructive Dismissal Be Negotiated
If you’re not getting what you want out of your job, or feel like you’ve been forced to quit your job, you might have a claim for constructive dismissal. A constructive dismissal is when an employer destroys the trust and confidence between employee and employer to the point that you cannot reasonably work there anymore. It’s possible to win damages if you can prove this, and these may include compensation for pain and suffering, punitive damages and loss of future earning potential.
You can prove a constructive dismissal by showing that one of two things has happened: a fundamental breach of an explicit term of your employment contract or a breach of implied conditions. The former would mean something that was written out in the contract such as canceling benefits, reducing salary, eliminating specific job responsibilities or changing the way you are paid. The latter would be something that’s not explicitly stated in the contract but which has a negative impact on your job and isn’t reasonable. This could be a single event or a series of events which cumulatively make the workplace intolerable to the point that you feel you have no choice but to resign.
It is important to have documentation to support your case for constructive dismissal. This is because you need to show that you have tried to resolve the issue with your employer before you resign. You also need to have physical and factual evidence of your employer’s conduct, such as emails, texts, notes from meetings or other conversations. It’s best to document all instances of a negative change in work conditions, not just the most serious ones.
Can Constructive Dismissal Be Negotiated?
Your lawyer can help you determine whether or not your situation meets the requirements for a constructive dismissal and then guide you in your next steps. Depending on the type of case, you will likely be entitled to a minimum notice period which is set out in the Employment Standards Act. Compensation for pain and suffering and lost income will also be calculated and your lawyer can help you to calculate the amount of these damages.
If you think your constructive dismissal lawyer is meeting the criteria for a constructive dismissal, our lawyers can help with all aspects of this process, including preparing termination packages and helping you to find a new job. Contact our office today to learn more about how we can assist you.
Our Toronto workplace law firm provides advice on workplace disputes, including harassment, bullying and discrimination, wrongful termination, workplace privacy rights and contract negotiations. We can also assist employers with business restructuring, downsizing and compliance with Ontario employment laws. We serve clients across the GTA and surrounding areas of Ontario, including Toronto, Mississauga, Brampton, Oakville, Scarborough and Hamilton. Call us for a consultation with a skilled and experienced Ontario employment lawyer.
