Constructive Dismissal Claims

Are You Experiencing Unfair Changes at Work?

Constructive dismissal occurs when an employer makes a significant change to the fundamental terms of an employee’s contract without the employee’s consent, leading the employee to resign. This can often feel like being pushed out without a formal dismissal. Recognizing the signs of constructive dismissal is crucial for employees to protect their rights and interests.

Facing Constructive Dismissal in Ontario?

If you believe you’re experiencing constructive dismissal, it’s critical to understand your rights and the next steps to take. Constructive dismissal can be complex, but you don’t have to navigate this challenge alone. Achkar Law offers a 60-minute legal consultation to provide you with the detailed advice and support you need. Speak with our employment lawyers to explore your options and ensure your rights are protected.

Examples of Constructive Dismissal

Understanding constructive dismissal involves recognizing specific instances that might qualify. Below are examples that could constitute constructive dismissal if they occur without your consent and significantly alter the terms of your employment:

  • Changes in Job Duties or Tasks: Being assigned duties significantly different from your job description.
  • Shifts in Work Hours or Location: A sudden requirement to work nights when you were hired for day shifts, or being relocated to a significantly distant location.
  • Alterations in Job Conditions: Deterioration in work environment or tools that impede your ability to perform your job effectively.
  • Unreasonable Demands: Being expected to meet unattainable targets or work excessive hours consistently.
  • Adjustments in Responsibility: Either a reduction, stripping you of key roles, or an increase without corresponding compensation or support.
  • Negatively Impacted Work Environment: Continuation or initiation of a hostile, toxic, or unsafe workplace that undermines your dignity or well-being.
  • Financial Changes: Cuts in salary, hourly rate, commissions, bonuses, benefits, or pension contributions not agreed upon.
  • Demotion: Being moved to a lower-ranking position or having significant responsibilities taken away without justification.
  • Unwarranted Disciplinary Actions: Facing disciplinary measures that are not justified by your actions or performance.
  • Temporary Layoffs: Being laid off temporarily without the contractual right or prior agreement, affecting your job security and income.
  • Non-consensual Changes: Any alterations to the terms of your employment that you did not agree to, affecting your role, expectations, or compensation.

What to Do if You’re Facing Constructive Dismissal

Identifying these signs can be the first step in addressing unfair treatment in the workplace. If you’re experiencing any of these situations, it may be time to seek professional advice. Our team is well-versed in employment law and can help assess your case, guide you through your options, and represent you in negotiations or legal proceedings if necessary.

If you believe you’re experiencing constructive dismissal, it’s essential to seek legal counsel promptly. A lawyer can offer advice on how to proceed, which might include negotiating a severance package or filing a legal claim. Here’s how we can assist:

  • Legal Assessment: We’ll review your situation to determine if you have a case for constructive dismissal.
  • Guidance on Next Steps: If you have a case, we’ll outline the best course of action, whether it’s negotiation or litigation.
  • Representation: Should you choose to pursue a claim, we’ll provide dedicated legal representation, advocating for your rights every step of the way.

Contact Achkar Law Today

Dealing with a possible constructive dismissal can be overwhelming and confusing. You don’t have to face it alone. Our team is ready to assess your situation and offer clear, professional advice on your options. If you’re facing changes in your employment that seem unfair or forced upon you, reach out to us. Let’s discuss how we can support you during this challenging time.

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    Unfair dismissal, wrongful dismissal, and wrongful termination are often used interchangeably to refer to the termination of an employment relationship, where the employee is owed a certain amount of money. Unfair dismissal can also refer to a dismissal which was discriminatory based on a protected ground under Ontario’s Human Rights Code.

    Typically, in order to prove constructive dismissal in a case the employee must demonstrate that the employer made unilateral changes that resulted in a fundamental change to the employment, forcing the employee to resign. It is always best not to resign until you speak with an employment lawyer first so you can properly determine if the resignation is voluntary or involuntary.

    Bullying and harassment in the workplace can be difficult to navigate and manage. Employees should make sure their employer knows about their grievances and ask for a resolution. Should a resolution not be reached, they should consult with a lawyer to seek compensation.

    If you have been constructively dismissed, your entitlements can be very similar to those you get if you were wrongfully terminated. There are many factors which will determine the amount of compensation that a constructively dismissed employee is owed, including what is referred to as the Bardal factors.

    Yes, they are different – but the employee’s entitlements can be very similar. Where in a constructive dismissal, the employee resigns due to a fundamental change to their employment or toxic workplace environment, in a wrongful dismissal, the employee is in fact dismissed by their employer – however their employer failed to provide the appropriate amount of notice or pay in lieu.