Prove Constructive Dismissal
When employers impose intolerable working conditions, it can be a serious breach of their employee’s employment contract. When this occurs, it’s often possible for the employee to claim constructive dismissal. However, proving that an employer committed such a serious breach of employment law can be challenging.
Generally, an employee must prove that their work environment has become so intolerable that they felt compelled to quit their job. Moreover, they must show that the changes were a breach of an essential term of their contract. Some examples of essential terms include compensation (salary or benefits), reporting functions within the company hierarchy, job responsibilities, working conditions, the terms of the contract and hours of work.
For example, suppose an employer reassigns you to menial tasks during high-pressure organizational periods. This creates an intolerable working condition for you as a result of the change in duties, and it’s impossible for you to carry out your duties in the new situation. You would be able to demonstrate that the reorganization was a breach of your contract by demonstrating that the change was a substantial and unilateral alteration in an essential term of your employment.
How to Prove Constructive Dismissal
Another important aspect of a constructive dismissal claim is that the worker must prove that their employer had knowledge of the intolerable work conditions. This is important because the employer must have the opportunity to rectify the matter before it’s too late. Generally, employers will only know about the intolerable working conditions if their employees submit complaints to HR. Moreover, the more detailed and accurate the complaint is, the more weight it will have in court.
It’s also important for an employee to have evidence that they raised their concerns with a supervisor or manager before quitting their job and making a constructive dismissal toronto claim. If an employer ignores these grievances, it could be a violation of state or federal laws regarding workplace safety, anti-discrimination and/or fair labour practices.
Before deciding to resign and make a constructive dismissal claim, an employee should seek the advice of a Toronto employment lawyer. Getting the right information before taking this step is crucial, as there are strict time limits for filing a complaint against an employer for unfair treatment or discrimination.
Moreover, if the employee can successfully demonstrate that their employer committed a breach of a relevant labour or employment law, they may be entitled to damages, including severance pay and lost wages. An experienced constructive dismissal toronto lawyer will be able to help employees understand their rights and options, and advise them on the best course of action. Contact us today to get started with your free case evaluation. Our firm offers services in wrongful termination, constructive dismissal and other employment law matters. We represent clients across the province of Ontario, and can help you protect your interests in a variety of situations. Contact us today to book a consultation. Our office is conveniently located in downtown Toronto. We offer free initial consultations for all employment law cases.