constructive dismissal cases

In employment law, constructive dismissal occurs when an employer substantially changes one or more of the terms on which an employee’s employment contract is based – such as salary, job duties and working conditions – without the employee’s consent. It can be difficult for employees to prove if their employer has committed this type of breach of contract, so it is important that they speak with an experienced Toronto constructive dismissal Lawyer as soon as possible to review the facts and circumstances of their case.

What is considered a fundamental change to an employee’s contractual terms can vary, but the most common examples are: Salary Reduction: Any significant decrease in an employee’s pay could be considered a breach of contract, especially if it was not part of their original employment agreement and is not warranted by a business reason such as an economic emergency. A reduction in the amount of bonus payments or the elimination of a benefit such as health insurance or retirement contributions may also qualify as a breach.

Change in Work Location: Requiring an employee to relocate to a different workplace or to a different geographical region may be viewed as a breach of contract if it makes the commute too long, reduces their quality of life at home or is unwarranted by the business. The same is true for changing the size of a workforce from full-time to part-time status.

Are there specific industries more prone to constructive dismissal cases?

Threats of Dismissal or Demotion: Similarly, any significant alterations to an employee’s role and/or responsibilities can be considered a breach of contract. This includes any re-writing of an employee’s job description that is viewed as a significant demotion or the reassignment of a manager to a non-supervisory position without justification or the employee’s consent.

Unfair Treatment or Bullying: Any actions that make an employee feel as though they cannot continue to do their job successfully, whether due to unjustified pressure from supervisors or coworkers or because of a general unpleasant working environment, can be grounds for constructive termination. This can include verbal or physical abuse and/or threats of demotion, dismissal, or being transferred to another department.

While these are some of the most common reasons that an employee may claim constructive dismissal, it is important to speak with a Toronto Constructive Dismissal lawyer right away to determine the strength of your case. Our experienced lawyers can help you navigate your legal options, including negotiating a settlement with the employer or going to court if necessary. We can assist you with determining what types of compensation you are entitled to receive, such as notice or severance pay based on your length of employment and/or your age, position and salary at the time of termination. In addition, we can help you determine if the employer’s actions were discriminatory or otherwise in violation of your rights under Ontario employment law. To schedule a consultation with our skilled team, contact our office today. We look forward to hearing from you!