Constructive Dismissal
Have you been treated unfairly by your employer, which resulted in you having to resign? Did your employer breach the terms of your employment contract by creating intolerable working conditions that made it impossible for you to carry out your job duties? If you answered “yes” to both of these questions, you may be able to claim constructive dismissal and receive compensation in the form of a severance package.
It is important that you proactively protect your employment rights by ensuring that your workplace meets certain standards and by keeping abreast of state and federal laws. Contacting an experienced Employment Lawyer is another way to ensure that your work environment is safe and healthy, and that you are protected if the need arises to file a legal claim.
When an employee is forced to resign due to a hostile work environment, they are entitled to compensation for their loss of earnings. In addition, they may also be able to claim damages for the emotional stress of having to find new work. The exact amount of damages awarded will be based on the extent to which an employee’s employment was disrupted, and the length of time they were unable to secure alternative employment. In most cases, an employer will not be liable for any damages if they can demonstrate that the reason they made you quit was because of the actions or inactions of other employees or was due to an industrial dispute, for example.
Constructive Dismissal Protection
In order for an employee to make a constructive dismissal claim, they must be able to prove that their employer acted in an unreasonable manner, which caused them to be unable to continue in their employment. An employer must have a legitimate business reason for changing an employee’s working conditions, such as a change in production methods or a move to a different location, or if the change is required to comply with health & safety laws.
Depending on the circumstances, an employer’s conduct may also be in violation of other laws, such as state and federal labor and anti-discrimination laws. If an employee has brought up concerns to their employer and these are ignored, they may be able to claim constructive dismissal as a result of the harassment and/or intimidation.
Paulette Haynes, an experienced constructive dismissal lawyer at JPAK Employment Lawyers, has worked with many clients to resolve their claims. She is a strategic problem solver who works with employers to identify potential triggers of constructive dismissal and create strategies for addressing these changes while mitigating risk for the employer and ensuring that any needs of the employee are addressed. She and her team are skilled in finding creative out-of-the-box solutions that benefit all parties involved. Contact us today for more information or to schedule a consultation with our team. We are located in Toronto, Ontario and serve clients throughout the country. We offer free initial consultations, so call or email us now to get started.
