Constructive dismissal versus wrongful dismissal?
Constructive dismissal versus
Constructive dismissal versus wrongful dismissal is one of the most important distinctions to make in employment law. The law considers an employee to have been constructively dismissed if they feel their working environment has been substantially changed without the employer’s consent and that they can no longer work effectively in their current position. A constructive dismissal claim can often lead to significant severance compensation. However, it can be a complicated claim to prove and you should seek advice from a constructive dismissal lawyer before resigning from your job.
To qualify as constructively dismissed, you must have a valid employment contract with the employer. Generally speaking, employment contracts have standard clauses outlining the terms of an employee’s employment. However, some contracts may not include certain clauses (for example, if you’re a freelancer). Even if the contract isn’t clear on whether it qualifies as an employment contract, the law still protects you against unjustified termination under common law principles.
In addition to an employment contract, you must be able to show that the change has made it impossible for you to carry out your duties in a way that’s reasonable and justifiable under the circumstances. You’ll also need to provide proof that you have been offered similar employment elsewhere. This is a difficult test to meet and it’s not always possible for employees to find comparable jobs after being constructively dismissed. However, you can claim damages for the time it takes you to find a new job, plus any lost income as a result of the change.
Constructive dismissal versus wrongful dismissal?
Proving constructive dismissal toronto is a complicated process, and many claims fail. It’s very important to consult an experienced Toronto constructive dismissal lawyer before resigning and making a claim. In fact, it’s often more practical to try to negotiate a severance package instead of seeking damages under this legal theory.
Unlike wrongful dismissal, you don’t need to show that the employer acted in bad faith when it comes to constructive dismissal. However, it must be shown that the employer acted in a way that shows that they no longer intend to be bound by the employment contract and that the changes were substantial. This can be demonstrated through a single unilateral change or through a series of actions that cumulatively made the job intolerable.
The length of time you would need to find a comparable job depends on the kind of change that triggered your right to claim constructive dismissal and the employee’s particular circumstances. For instance, a Vice President is likely to need a much longer period of time to find a new job than a fast-food cashier.
It’s important to contact a Toronto constructive dismissal lawyer as soon as possible, because there are strict time limits for taking action on a claim. The earlier you act, the more options you have for severance packages and other financial damages. Contact us today to speak with an experienced Toronto employment lawyer for a free consultation.
