Toronto Constructive Dismissal Lawyer

Toronto Employment Lawyers Advising on Constructive Dismissal Cases

What is Constructive Dismissal?

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.

Examples of Constructive Dismissal

The following situations are examples that could be considered for constructive dismissal claims:

1. Significant Demotion: Being demoted to a position with significantly reduced responsibilities and compensation.
2. Severe Pay Cuts: Implementing substantial pay cuts without the employee’s consent.
3. New Work Location: Relocating an organization or an employee to a distant location.
4. Refusal to Accommodate: Refusing to provide an employee with necessary workplace conditions in the case of a disability.
5. Hostile Work Environment: Creating a hostile or intolerable work environment through harassment, discrimination, or unreasonable demands.

What is the Difference Between Constructive Dismissal and Wrongful Dismissal?

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.

The Importance of Seeking Legal Counsel

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.