What is Constructive Dismissal?
For an employer, a mishandled constructive dismissal claim will cost you dearly. For an employee, in a constructive dismissal case, you want to retain an experienced constructive dismissal lawyer to maximize your recovery.
As an employer or an employee, it makes sense to consult with constructive dismissal lawyers from time to time especially if you live in the Toronto area. Constructive dismissal Lawyer a phone call away! FREE Initial Consultation.
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Click here to check out the wrongful dismissal ultimate guide - a dismissal claim for those who are wrongfully terminated by their employer.
1 - What is Constructive Dismissal?
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Constructive Dismissal - A Quick Summary
Constructive dismissal is an important component of employment law. A Constructive Dismissal case is highly technical, a constructive dismissal lawyer in Toronto can help.
Constructive Dismissal vs. Wrongful dismissal vs. Unjust Dismissal
Constructive Dismissal happens when an employer, by words or conduct, unilaterally makes a fundamental change to a material term or condition of an employment contract. Wrongful dismissal is a similar yet completely different concept. Wrongful dismissal occurs when an employee is dismissed, or terminated, by their employer, WITHOUT just compensation. There are two types of wrongful dismissal claims:
Time is Of Essence In a Constructive Dismissal Case
The courts have generally given employees a reasonable time frame after the change to consider their options. If the employee fails to act within that time frame and treat the contract as terminated, the employee is deemed to have acquiesced to the change, and the claim of constructive dismissal is thus extinguished.
Time is crucial, and if you wait too long, your prospects of collecting damages will be diminished, and you may even be prohibited from doing so by law.
1. Unfair Performance Targets & Toxic Working Environment
Unfair Performance Targets: Making it extremely difficult for a person to do his or her work successfully by expecting an employee to achieve unreasonable performance objectives is one of the most common reasons for constructive dismissal.
In a toxic workplace, the employer would typically micromanage the employee's daily tasks, pick on little mistakes, hide or minimize the employee's accomplishments, and require the employee to document everything he or she does.
How Do You Prove Constructive Dismissal?
Whenever there’s any notable change in the working circumstances, employers often argue that NO fundamental breach of contract occurred and that they acted appropriately in accordance with the contract.
An Employee, on the other hand, will argue that a serious breach of the employment contract has occurred, compelling him or her to resign.