Constructive Dismissal Lead
As an employee, you have a right to work in a safe and stress-free environment. However, this isn’t always possible. Sometimes, a workplace can become so hostile or intolerable that it forces an employee to resign, thus making them a victim of constructive dismissal. If you’re a victim of this type of situation, you may be entitled to compensation from your employer.
Generally, an employee will only be successful in a claim of constructive dismissal when they can prove that the working conditions were so intolerable that a reasonable person would have felt compelled to resign as a result. The court will look at a variety of factors, including:
An example of intolerable working conditions could be a sudden reduction in salary without any explanation or justification. Another might be being demoted to a lower position, or even being asked to work late evening shifts – all of which would likely lead to an employee feeling compelled to resign.
In order to make a claim of constructive dismissal, an employee must usually have already been employed with their employer for at least two years. This is in order to ensure that they’ve worked enough time to be able to receive their full severance package when they leave. Additionally, the employee must have documented any instances of misconduct by their employer, such as emails or voicemails.
Can Constructive Dismissal Lead to Compensation for Emotional Distress?
One thing that can really damage a constructive dismissal claim is resigning before the breach occurs, as this will be seen as tacit acceptance of the conduct or treatment. Furthermore, it’s important for an employee to document every instance of their employer’s misconduct, including any verbal or written communications, as this can be used in court to support their claim.
The burden of proof is on the employee to show that their employer’s actions or working conditions were so intolerable that they resigned as a result, so it’s important for employees to be proactive when trying to make such a claim. An experienced wrongful termination lawyer can evaluate your case and help you determine the best course of action.
Constructive dismissal can lead to compensation for emotional distress if you can prove that your employer’s behaviour was so severe that it caused you to leave your job. It’s also important to note that your employer must have either intended to create the intolerable working conditions or they had knowledge of these intolerable conditions before you resigned as a result.
If you have a constructive dismissal lawyer near me case, contact a Toronto employment law attorney to assess your situation. They can review any documents or evidence that you have, and advise you on the next steps. They can also provide you with a free case evaluation, so get in touch today to find out how they can help. FindLaw’s employment lawyers are committed to providing high-quality legal representation and client service, and you can be sure they will treat your case with the utmost discretion and professionalism.