Grounds for Constructive Dismissal

Finding out the grounds for constructive dismissal is one of the most important factors to consider when bringing an employment termination claim. This is because the law doesn’t automatically protect employees from being forced to leave a job due to unsatisfactory working conditions. To be entitled to compensation in such a situation, you’ll need to prove that your employer made it intolerable for you to continue work, in violation of an essential term in your contract. This is a difficult feat to achieve and requires an experienced toronto constructive dismissal lawyer.

In order to successfully sue your employer for constructive dismissal, you must first be able to demonstrate that your employer committed fundamental breaches of the contract you signed when you began your employment. This could include a single major breach, such as failure to pay a contractual bonus, or a series of small breaches that together constitute a pattern of conduct. It’s also necessary to demonstrate that you attempted to bring your concerns about the changes you were experiencing formally to your employer in advance of resigning and that they did nothing to address these issues, indicating their indifference towards creating a positive workplace culture.

The question of whether you were constructively dismissed by your employer depends on the facts of each case and is a matter for the courts to decide. As such, it’s critical to speak with a legal expert as soon as possible to understand your rights and determine the strength of your claim.

Finding Out the Grounds for Constructive Dismissal

If you have a valid constructive dismissal Toronto claim, then your employer is required to give you reasonable notice to terminate the contract. This is to give you enough time to find another job and to ensure that you are not financially disadvantaged by the sudden loss of your income. In addition, if your employer was in violation of provincial or federal labor and employment laws, they must pay you for lost wages.

In some cases, it may be difficult to find a new job as resigning due to poor working conditions can leave you with a black mark on your employment history that hiring managers will see when reviewing your application. This can negatively affect your chances of getting the job, particularly if you have limited employment experience and are older than average.

Fortunately, the courts are generally understanding of such situations and can award you financial compensation to help ease your transition to a new job. In such cases, it’s often beneficial to get legal advice from an experienced toronto employment lawyer as soon as you suspect that your employer has broken the terms of your contract. Our employment lawyers can review your case, provide you with a clear picture of your rights and the strength of your claims, and help you decide on a strategy moving forward. Contact us to schedule your consultation today.