What Role Does Constructive Dismissal Play
Despite the name, constructive dismissal does not actually involve the employer terminating the employee. Instead, a claim for constructive dismissal arises when an employer changes work conditions to the point that the worker feels they can no longer continue in their job and therefore resigns. The change must be a fundamental breach of a material term or condition in the contract of employment and must make it impossible for the employee to continue working in the same way as before.
What constitutes a fundamental breach will vary depending on the circumstances in each case. However, any change to compensation, job responsibilities, reporting functions within the hierarchy, the status of the employee and/or hours of work may qualify as a constructive dismissal. A significant decrease in pay or the elimination of a benefit entitlement also generally meets this test. A demotion or loss of status, for example moving the employee from Chief Financial Officer to Office Administrator and making them report to a previous subordinate, may also qualify as a constructive dismissal. Similarly, changing the employee’s working location or significantly increasing the commute to work may also qualify as a constructive dismissal.
Other factors that can be considered in a constructive dismissal claim include sexual harassment in the workplace and a lack of respect for an employee’s professional competence and integrity. A refusal to accommodate a disability or an inability to keep up with changes in technology are also often considered as a breach of the employer’s obligations under the Human Rights Code.
What Role Does Constructive Dismissal Play in Termination Agreements?
To successfully claim constructive dismissal, the employee must usually resign within a reasonable time after the employer has made a fundamental change to their employment terms. This is why it is critical to speak with an experienced lawyer promptly. An experienced lawyer can evaluate the facts of your case and determine if you have a valid claim. They will assess your employment contract, employer conduct, and other relevant information to establish the strength of your claim. They can also provide expert guidance on next steps, including pursuing a claim for damages or negotiating a settlement agreement.
While many employees who experience constructive dismissal lawyer will resign, it is important to consult with an employment lawyer prior to quitting in order to maximize your severance entitlements. Unless you are able to prove that your working conditions have been fundamentally changed, you will not be entitled to any severance pay.
The skilled employment lawyers at Achkar Law can help you determine whether your workplace has changed so significantly that you are compelled to quit and assist you in maximizing your severance entitlements. We can also help with other legal claims, such as unfair termination, and advise you on your options for seeking alternative employment. Contact us today to discuss your situation. We are committed to providing exceptional client service and will work hard to ensure that you are compensated fairly.