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What Is Constructive Dismissal and Why Is It Offered?

Constructive Dismissal and Why Is It Offered

When it comes to employment law, constructive dismissal can feel like a dark and mysterious legal concept. It is a term that is often used to describe circumstances where an employee quits their job because they no longer have reasonable hope of future success with the company. It is important for employees to understand what constitutes constructive dismissal, especially when evaluating their employment situation.

In order for an employee to claim constructive dismissal, they must demonstrate that they suffered a significant breach of contract which forced them to quit their job. This breach can include a single event or a series of events that make your working conditions intolerable and leave you no other option but to resign. Examples of significant breaches could include a substantial reduction in your salary, change to work location or hours, a demotion without explanation, poor or dangerous working conditions, failure to pay you your wages, harassment and/or discrimination.

Often, people do not know they are being subjected to constructive dismissal when it first happens, so the best course of action is to speak with an employment lawyer before you decide to quit. An experienced lawyer can help you determine whether your situation meets the required standards for a constructive dismissal claim and provide advice on the appropriate next steps.

What Is Constructive Dismissal and Why Is It Offered?

For example, suppose that your manager reduces your salary by half without providing you with any reason for the change. You communicate your concerns and ask for clarification, but your employer fails to respond. Since you have mortgage payments to cover, and can no longer afford to live on your reduced salary, you may choose to resign. In this scenario, you may be able to claim constructive dismissal.

Many companies are keen to avoid workplace disputes, but when issues do arise, it is important for them to address them quickly and thoroughly. This can avoid the need for a formal process like a termination or wrongful dismissal lawsuit and also help to create a more positive and healthy workplace environment.

Employers can help mitigate the risk of a constructive dismissal toronto claim by ensuring that managers and supervisors are well-versed in employment laws, policies and procedures. Having regular training sessions can also help to ensure that employees feel safe speaking up when they have concerns.

If you are feeling pushed out of your job or need to address a workplace issue, the team at Achkar Law can provide clear, practical guidance and effective representation on your behalf. We are dedicated to helping both employees and employers navigate employment law issues, including claims of constructive dismissal. Contact us today to discuss your case. We can be reached through our online form or by phone at 519-483-7799. We offer a free initial consultation to all clients and are committed to protecting your rights at work. We serve clients across Ontario.

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