Constructive dismissal occurs when an employer makes significant changes to essential terms of employment without the employee’s consent, effectively breaching the employment contract. These changes can include reducing pay, demoting the employee, or modifying working conditions in a substantial and negative manner, creating a hostile work environment.
The following situations are examples that could be considered for constructive dismissal claims:
Constructive dismissal requires significant changes to be made to an employee’s terms of employment. The employer is not terminating the employee but they are creating a hostile work environment by breaching the initial employment contract. In these situations, an employee may resign and make a constructive dismissal claim, as the resignation would not be considered voluntary due to the circumstances of the resignation.
Instead, wrongful dismissal is the termination of an employee’s contract without just cause or without providing proper notice or severance pay in lieu of notice.
If you believe you’ve been constructively dismissed or if you’re an employer facing these allegations, it’s crucial to seek legal advice from employment lawyers. DSF’s team of experienced Toronto employment lawyers can provide guidance tailored to your specific situation and help you understand your rights and obligations under the law. Every case is unique, and seeking professional legal counsel can provide clarity and peace of mind during this challenging time.
We offer multiple convenient locations in Toronto, Whitby, Barrie and more to better serve our clients. To begin your initial consultation and find the right employment lawyer, please contact us at (416) 449-1400.
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