Can Constructive Dismissal Claims Be Filed

Despite their best intentions, some employers may make a series of changes to an employee’s job that are perceived as toxic or intolerable. These changes can range from a change in working hours to a relocation that fundamentally alters an employee’s work-life balance. They can also include a reduction in an employee’s compensation, which is usually defined as a substantial change to the terms of employment. In some cases, these kinds of changes may be the basis for a constructive dismissal claim.

In order to successfully bring a constructive dismissal claim, an employee must be able to prove that their employer breached the terms of their contract or engaged in unreasonable behaviour that was detrimental to their wellbeing and caused them to leave their employment. While it is not easy to satisfy the conditions of a constructive dismissal, employees should be vigilant and pay attention to workplace issues such as bullying, harassment, or unwarranted disciplinary action and consider their options. This might include requesting legal advice or even considering leaving their jobs and exploring other career opportunities.

Aside from contractual issues, an employee’s rights can be protected by whistleblower laws and/or labour standards or worker safety legislation. Workers are also protected against retaliation and unlawful discrimination. To bring a constructive dismissal claim, an employment lawyer should be consulted. The lawyer can assess the evidence in order to determine if a claim is viable. This evidence can include witness statements, written documents (including emails), audio or video recordings.

Can Constructive Dismissal Claims Be Filed After Accepting a Settlement Offered by an Employer?

It is important to act quickly after an incident that might give rise to a constructive dismissal lawyer near me. This is because the law gives employees a limited window after an adverse change in their circumstances to resign and treat their contract as terminated. Failure to do so may result in a loss of the entitlement to severance pay and damages.

An experienced employment lawyer can assess the situation and provide advice. They can discuss the options for bringing a claim, including filing it in Small Claims Court or Superior Court. An employment lawyer can also assist in calculating what compensation should be awarded, based on the facts of the case. The client can then decide what the next steps should be based on this information. Bringing a constructive dismissal claim can be a lengthy and complex process, but it is worth it to ensure that the client’s legal rights are protected.

A settlement can be reached before the case goes to a tribunal, which is less costly and more efficient than taking a case all the way to trial. It can also be less stressful and emotionally draining for all involved. HTW Law is an established and highly-respected firm of dedicated and passionate employment lawyers located in Toronto, Ontario. They have the knowledge and expertise to handle your case and get you the results that you deserve. Contact them today to schedule a consultation! You can reach them by telephone at (416) 698-5954 or online.