Explaination of Constructive Dismissal
Many people do not want to quit their jobs, but sometimes employers make working conditions so intolerable that employees feel they have no choice but to quit. This is known as constructive dismissal and, in some cases, this can have significant repercussions for both the person leaving their job as well as their family, friends, finances, and health. If you believe your employment situation has become intolerable, it may be time to talk with a Toronto wrongful termination lawyer.
Constructive dismissal is a legal concept that sits at the intersection of employment rights and employer prerogatives. It occurs when an employer changes fundamental terms of an employment contract without the employee’s consent. These changes can include a reduction in wages, a demotion of the employee, a relocation of work, or a change in working conditions. However, not all alterations to the original contract will constitute a constructive dismissal. The underlying issue is that the changes must be significant and must leave the employee feeling they have no option but to quit their job.
A wrongful termination lawyer can help you determine whether your working conditions are intolerable and if it is worth filing a lawsuit for damages. While you do have the right to quit your job at any time, you must be able to show that the reason for quitting is that your working environment has become intolerable. You must also have evidence that your employer has acted in bad faith or committed a repudiatory breach.
An Explaination of Constructive Dismissal
For example, if you work in sales and your boss constantly singles you out for criticism during company meetings or devalues you in front of coworkers, this is likely to lead to intolerable working conditions. While your boss may be able to fire you, they cannot violate your employment contracts or create intolerable working conditions in the process.
There are other examples of intolerable workplace environments as well. Forcing an employee to work in unsafe conditions goes against labor and safety laws, and it may be grounds for a wrongful dismissal claim. Another scenario is when an employer’s expectations are unreasonable in light of the amount of work required to meet them. For example, if management requires you to meet a high number of sales targets with limited resources and inadequate training support, this may be an instance of a constructive dismissal Toronto.
In general, if an employee is forced to quit their job, they are entitled to be paid damages for lost earnings and benefits. This includes salary, commissions, bonuses, and monetary allowances as well as other contractual entitlements like life insurance and pension contributions. In addition to these compensation payments, aggravated damages may be awarded if the conduct was particularly bad or in bad faith.
Forcing an employee to quit their job is not an ideal situation for any employer, and it should be avoided at all costs. If you think you’ve been constructively dismissed, contact a Toronto wrongful termination lawyer to discuss your options for compensation.
