Constructive Dismissal Claims
Constructive Dismissal claims happen when an employer makes a substantial and unilateral change to the terms of an employee’s employment contract. The change must be significant, such as your pay, your position, reporting structure, and working from home, among other major changes to your agreement with your employer. As long as you did not consent to a significant change, either explicitly or implicitly, your employer cannot force you to agree to the change without providing you pay in lieu of notice or a termination package. A constructive dismissal lawyer can properly advise you if you have a strong case to make a robust constructive dismissal Ontario claim and be successful.
Why is Constructive Dismissal a Serious Concern?
Constructive dismissal is essentially a forced resignation as the employer is acting in a way that demonstrates an intention to be no longer bound by the terms of the employment contract. Once an employee claims constructive dismissal, and if they prove their case, employers may have to pay termination and severance packages that are significant and high in value.
How is Constructive Dismissal Different than Wrongful Termination?
Constructive dismissal Ontario claims and wrongful terminations are only different in the way they are communicated. Wrongful termination or wrongful dismissal is when employers terminate employees and provide them with a termination package. Constructive dismissal is when the employer treats the employee poorly to the point that the employer is viewed as actively trying to get the employee to resign. Your entitlements are largely the same whether you are constructively dismissed or you are wrongfully terminated, and will depend on many factors.
If I Think I Have Been Constructively Dismissed, What Are My Options?
If your employer is making unilateral changes that you do not agree with, you must inform them in writing that you do not agree to those changes. Employees often stay quiet and hope that the employer will revert their change – all to be disappointed in remaining under the new changes. If you stay long without complaining about the changes, your employer may be able to claim ‘condonation’ – meaning you agreed to the changes through continuing to work. However, do not give up or assume that you have condoned the change; make sure you speak with an employment lawyer today about being constructively dismissed.
An employment lawyer can help by sending a Demand letter, filing a Statement of Claim pursuant to the Rules of Civil Procedure, or a range of other options available to get you your entitlements. Your entitlements when you are constructively dismissed are found in your employment agreement but also depend on a range of factors, like your age, your position, and years of service, among other factors.
Where the employer outright terminates you or pushes you out through constructive dismissal, it is important to seek legal advice to ensure you receive your entitlements upon termination.
Reach us today on our contact page, by phone at +1-800-771-7882 or by emailing us at [email protected] for help. Constructive dismissal Ontario claims are not too difficult to prove, as long as you have evidence. Feeling like you are being pushed out is not easy to go through; let us help.