Constructive Dismissal Cases
Generally, it is best to try and solve any issues at work before you terminate your employment contract. It is also important to document the situation, verbally or in writing, and keep physical evidence of any problems that may arise in case you need to prove your side of the story. For this reason, it is often wise to have a constructive dismissal toronto lawyer by your side to help guide you through the process of terminating your contract and filing a claim.
The first step to proving a constructive dismissal case involves establishing that the employer’s actions made your working conditions intolerable. This can include a change in shifts, a reduction in compensation or a demotion. It can also include changes in your location of work, reporting relationships and any other aspect of your employment that fundamentally alters the nature of your job.
You will need to show that you were forced to resign your employment as a result of the intolerable working conditions, and you will need to be able to demonstrate that you have tried to resolve the issue through other means before you decided to leave. In addition, you will need to show that the intolerable circumstances have been ongoing and have not ceased.
Are Verbal Agreements Valid in Constructive Dismissal Cases?
Your employer must have known that the working conditions were intolerable. If they did not, it is very difficult to win a constructive termination case. It is important that you speak up about the intolerable working conditions and notify HR if possible in order to give them a chance to address the problem.
Another important consideration is the availability of similar employment opportunities. You will need to demonstrate that you have been unable or unlikely to find comparable employment, taking into account your age, the length of your time with the company and any relevant skill sets.
The court will take into account your ability to negotiate an alternative employment contract and will consider the length of notice you would receive if your employer did not renew your contract or if you were forced to resign without a suitable replacement. In this way, the court will weigh up the value of your work and the duration of your employment to determine the length of the reasonable notice period.
If you believe that your employer has acted in a constructive dismissal manner, it is crucial that you seek legal advice. A reputable and experienced constructive dismissal toronto lawyer can review your situation and advise you of the strength of your claim. Contact Bune Law today to schedule a consultation with our team of lawyers who can help you understand the details of your workplace circumstances and develop an appropriate strategy. The consultation is complimentary. We do not charge for our services unless we recover compensation on your behalf. If we are unable to recover compensation, there is no fee for our services. We accept credit cards and we offer flexible financing options.
