How to Determine If Your Employer is Constructive Dismissing You

Depending on your circumstances you may have a claim for constructive dismissal. Constructive Dismissal occurs when an employer imposes change on their employee that contradicts a fundamental aspect of the employment contract. The changes could be either in form or substance. The employer must be careful when attempting to make changes in the workplace as any action that can be considered constructive dismissal may expose them to liability and cost.

A common question asked by our clients is “how do I know if my employer has committed constructive dismissal?” Constructive dismissal can occur when your working conditions have changed so much that it makes it intolerable to continue to work in the job. Whether the change is a result of a significant breach of employment contract, retaliation for whistleblowing, discrimination or harassment, or simply unavoidable circumstances, it’s important to seek legal advice. An experienced employment lawyer will be able to help you understand your rights and guide you on the best course of action.

In the event that you have been affected by a constructive dismissal, it is essential to address the situation quickly. The earlier you act the more likely you will be to succeed in a constructive dismissal toronto lawsuit or claim. This will also increase your chances of receiving a fair compensation package. There are several ways to begin the process, but the most effective is to speak with a Toronto employment lawyer immediately.

Understanding Your Constructive Dismissal Claims

Once you have a lawyer, you will need to document all incidents and conversations. It is crucial to ensure that you are able to provide your attorney with detailed information on how your employer has violated your employment contract and the law. This documentation will be invaluable when constructing your case for constructive dismissal.

After seeking legal advice, it is often best to express your concerns formally to your employer in the form of a letter or email. Be sure to include a description of any significant changes in your job that you are opposed to, as well as any other relevant details. Documenting all communications will be critical in determining the strength of your claim for constructive dismissal.

You can also document instances of bullying or harassment by coworkers. If you have been subjected to such behaviour, you may be entitled to a severance package, as long as it is not based on your termination.

It is important to note that you must have brought your employer’s attention to the issue of the hostile work environment before resigning. This will strengthen your case for constructive dismissal as it will prove that you have made a genuine attempt to resolve the issue with your employer.

An experienced Toronto employment lawyer will be able to assess the facts of your situation and provide guidance on the best course of action. They can also assist you in negotiating your severance package.