Employees are sometimes subjected to constructive dismissal, meaning they are pushed away by employers who change important employment conditions without their consent or pushed out by an intolerable workplace environment. Constructive dismissal claims can be particularly tricky for some employees because they have to prove that their working conditions have been materially changed.
Constructive dismissal or changes in employment conditions could be in the form of tasks assigned, compensation, hours, location, or other fundamental employment terms. Working conditions might be difficult enough for the employee that they cannot perform their tasks, or they feel they are being set up to fail.
Employment lawyers recognize how to construct arguments for an employee’s constructive dismissal case, and know-how to negotiate or litigate significant awards for employees.
Employees are always cautioned not to quit before consulting a lawyer since the entitlements of the employee will vary widely depending on the circumstances. These claims, if not put together properly, would risk an employee being found to have abandoned their position, leaving the employee with no entitlements. Cases may be brought in front of a judge in court, as well as at the Ontario Labour Relations Board.
Read more about this constructive dismissal claims here.
Constructive dismissal claims can be fatal to some companies. If you are a small or medium-sized company looking for full-service support, visit our CLO program page for our strategic solutions.