Constructive Dismissal Claims

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.

Contact us by phone toll-free at 1-800-771-7882, or email us at [email protected], and we would be happy to assist you.

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.

FAQS

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.