What is constructive dismissal in Hamilton, Ontario?
A constructive dismissal occurs when an employer demonstrates through their conduct an intention to no longer be bound by the employment agreement but have not explicitly or formally terminated the employee.
What are the effects of constructive dismissal?
The effects of constructive dismissal are that the constructively dismissed employee can resign from their position and still claim damages for being dismissed without notice of termination as if they were terminated without cause. It is not advisable to resign from your position before contacting an employment lawyer.
What a common types of constructive dismissal
There are several ways a constructive dismissal may arise, below are a list of a few common situations:
A unilateral and significant change in compensation: compensation is a fundamental part of an employment contract, if an employer unilaterally imposes a significant reduction in compensation, there could be a constructive dismissal claim.
Imposing a layoff: employers do not have an inherent right to lay off an employee, if there is nothing in the employment agreement to provide for a layoff, any imposition of a layoff interrupting both pay and work could constitute constructive dismissal.
Demotion: a permanent downgrading in position or status is a substantial change to an employment contract and may constitute a constructive dismissal.
Toxic or Intolerable Workplace: If an employer is subjecting an employee to treatment in the workplace that makes it impossible for the employee to continue working, it may constitute a constructive dismissal.
Many other situations could amount to a constructive dismissal. It is important to consult with an employment lawyer about your specific situation. Employees should be wary that if it can be shown that there was explicit acceptance of the changes or a significant amount of time passes without the employee objecting or acting on the changes, it can be difficult to successfully claim constructive dismissal.
How an employment lawyer can help your case
Contacting an employment lawyer is important if you believe you have been constructively dismissed. Before resigning from your position, you should consult with an employment lawyer who will be able to provide you with advice on the next steps. The onus is on the employee to show they were constructively dismissed and didn’t simply resign. An employment lawyer can advise you on your specific situation.
In addition, depending on the specifics of your situation and your desired outcomes, an employment lawyer can help you remedy a variety of issues in the workplace and/or help you negotiate a fair severance package. Ask us about our Workplace Rescue Program, if you are interested in leaving your workplace, and receiving a severance package.
Free Consultation with Hamilton Employment Lawyer
If you believe you are being constructively dismissed or are unsure if your situation amounts to a breach of your employment agreement, reach out to our team of experienced Hamilton employment lawyers for a free consultation. Randy Ai Law Office can be reached at (905) 482-4677 or fill out the contact form. Our team would be happy to help.
