Constructive Dismissal Claims
When an employer creates intolerable working conditions, forcing employees to resign, it is possible for those employees to claim constructive dismissal. However, determining whether or not a particular workplace situation constitutes constructive dismissal can be difficult. If you’re unsure, contact a Toronto constructive dismissal lawyer for advice.
An example of a constructive dismissal scenario would be when an employee is confronted by their employer and given the ultimatum to either resign or be fired. In this instance, it’s obvious that the employee was forced to resign due to a fundamental breach of their contract. However, other cases of constructive dismissal are not so straightforward, and can be more subtle in nature. For example, if an employer fails to address employee concerns about harassment or bullying, which negatively impacts an employee’s work performance and wellbeing, this communicates the employer’s indifference to creating a safe and healthy workplace environment.
Other forms of conduct that may be deemed as constructive dismissal include unilateral changes to an employment contract, a refusal to accommodate disability-related needs or reasonable accommodation, and general bullying and discrimination in the workplace. High damages are often awarded to an employee who successfully claims constructive dismissal, with aggravated or punitive damages being the most common. These damages are meant to provide retribution for the offending conduct, as well as to deter the employer from engaging in similar behaviour in the future.
Can Constructive Dismissal Claims Be Pursued After the Expiry of a Contract?
Aside from the financial implications of a constructive dismissal claim, there are other long-term consequences as well. An individual who claims constructive dismissal lawyer is likely to be perceived as a quitter without another job lined up, and may have difficulty landing a new position in the future.
If you believe your employer has acted in a way that breaches state or federal employment laws, it’s important to consult with an experienced and knowledgeable Toronto employment law attorney. An attorney will be able to review your case, determine the strength of your claim and recommend a course of action. They’ll also be able to help you navigate any funding options that may be available to support your case.
At Bune Law, our Toronto employment lawyers are committed to helping clients understand their rights and responsibilities in the workplace. We regularly consult with employers to help them build tools for managing their staff designed to shield them from liability. We are also committed to helping individuals with wrongful termination and workplace rights issues. To learn more about our legal services, or to schedule a consultation with one of our Toronto constructive dismissal lawyers, call us today. Our friendly and knowledgeable team will be happy to assist you. Our office is located in the heart of downtown Toronto. We offer flexible appointment times, including evenings and weekends. We accept credit cards, and we offer affordable payment plans for our clients. We look forward to hearing from you.