Toronto Employment Lawyers Advising Employees on Constructive Dismissal
It’s not uncommon for employers to make sudden and significant changes to a person’s job, including unreasonable demands, new responsibilities or moving an office to a new city. This can put you in an extremely awkward position, because it’s hard to know when you should accept a change and when you should push back.
If you are faced with this kind of situation, the employment lawyers at Sultan Lawyers are here to help. Whether it’s general advice or direct intervention on your behalf, we are ready to help you plan proactively, mitigate risk, and resolve disputes where issues escalate to the point that legal intervention is needed. We have an excellent reputation for providing timely and effective advice and effective representation when needed.
Constructive Dismissal in Ontario
Not every change made by an employer can qualify as a constructive dismissal. For a change to be considered a constructive dismissal, it must be a substantial change to a fundamental term of employment and be unilaterally made by the employer. Examples of such fundamental changes include:
- Significant decrease in salary, benefits, or other compensation;
- Demotion in position;
- Major geographic relocation of an office;
- Being asked to physically begin working at an office instead of working remotely;
Whether a change is substantial or fundamental will be fact and context specific. For instance, being moved from one floor to another in an office may not necessarily relate to a fundamental term of your employment contract. However, if the move affects how you are perceived in the organization or will negatively impact you, it may rise to the level of constructive dismissal.
In addition to fundamental changes made by an employer, mistreatment including bullying, discrimination, or sexual harassment can also constitute constructive dismissal. Employees often complain that they feel like their employer is trying to push them out of their role or intimidate them into leaving. In some cases, depending on the circumstances, this could be constructive dismissal.
What to Do If You Think You’ve Been Constructively Dismissed?
In order to be able to make a claim of constructive dismissal, you will have to show that you’ve taken some action. If you do not do so, a court may consider you to have accepted the change or the mistreatment you may have been subject to. It is imperative to consult with a knowledgeable employment lawyer as soon as there have been significant changes made to the terms of your employment. A lawyer will help you protect yourself, ensure you maintain a right to file a claim, and understand your options. A lawyer can help you make an objection or take other action.
Contact Sultan Lawyers for Guidance with Constructive Dismissal Matters
At Sultan Lawyers, we provide exceptional legal advice to employees on all manner of workplace disputes, including constructive dismissal claims. We bring together big law experience with a small firm approach to client relations. Our team brings years of experience from working on Bay Street to our boutique practice. We take pride in our client-focused approach. Contact us online or at 416-214-5111 for a consultation.