constructive discharge
When an employee resigns from their job involuntarily due to conditions that are so intolerable they feel compelled to quit, it is known as constructive dismissal. This is a legal term that has different requirements than wrongful termination. Specifically, the court must find that the working conditions are so intolerable that a reasonable person in the complainant’s shoes would have felt compelled to resign. This is often a difficult standard to meet, but there are several factors that the courts consider.
In order to make a claim of constructive discharge, an employee must have documented the circumstances surrounding their resignation. Additionally, they must have tried to bring the matter to the attention of their supervisors or human resources before resigning in order to give the company a chance to rectify the situation. If an employee feels that they have been unable to resolve their concerns through the employer, they may be able to file a claim with a Toronto constructive dismissal lawyer to pursue compensation.
Some workplace conditions that are so intolerable that a reasonable employee would feel compelled to resign include: Workplace discrimination is another common form of intolerable working conditions. In some cases, an employer may take action against an employee based on their race, religion, sex or age. Other types of intolerable working conditions that could lead to a constructive dismissal claim include harassment, sexual harassment, or physical harm in the workplace.
Constructive dismissal and constructive discharge?
The law states that an employer must not take a “single unilateral change” that breaches an express or implied term of the employment contract. In order to be a breach, the change must be one that substantially alters an essential term of the contract. This is a high standard, and many constructive discharge cases are decided on a fact-driven basis.
If an employee can prove they were constructively dismissed, they are entitled to financial compensation for their loss of income. This includes the difference between their old salary and their new salary as well as any other monetary losses related to their employment. Additionally, they may be able to receive punitive damages to punish the employer for the inappropriate treatment.
The best way to make a constructive dismissal claim is with the help of an experienced employment lawyer. At HTW Law, we are committed to protecting the rights of workers and have a team of dedicated legal professionals that are prepared to assist with any employment law claims. Contact us today for a consultation. In Ontario, employees have 2 years to sue their employers for constructive termination in Small Claims Court or Superior Court depending on the amount they seek. Our offices are located in the heart of downtown Toronto, right next to Highway 401 and Highway 404 with a large parking lot available for our clients. We also offer free consultations for new employment and labour law matters.
