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.
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:
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.
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.
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.
“I want to sincerely thank Sharaf Sultan and his team for their assistance. Right from the beginning, I knew they were extremely knowledgeable and hard working. I also had confidence that Sharaf and his team understood my perspective and that they were prepared to work hard to receive the best result possible. Sharaf and his team were always professional and diligent when providing legal services. He truly went above and beyond my expectations. The whole team provided honest and precise services and they managed to solve any problems that arose during my case. I would definitely work with them again!!”C. Bell
“Kristine Gorman of Sultan Lawyers was terrific in helping me get a Canadian work visa. Responsive, friendly, but mostly incredibly thorough and efficient, she was a life line for when I needed wise counsel and focused expertise.”D. Baum, Ph.D., D.Min. Management Consultant
“Sultan Lawyers provided a great experience during a difficult time with my employer. Kristine was extremely thorough and knowledgeable when reviewing and articulating the risks and details of my severance package. I am thankful for Kristine as her expertise enabled and empowered me to confidently make a decision on my options.”James V.
“I wholeheartedly endorse Sharaf and Alexandra for their employment expertise and their impressive level of client service. Not only was their legal counsel top-notch, but Sharaf helped me navigate the tricky emotional waters related to my matter in a healthy way. He saw the big picture and helped me toward the best possible outcome for me now and into the future. As a lawyer myself, I realised that the smartest thing I could do in my circumstances was to have excellent legal advice, and Sharaf and Alexandra went above my expectations. It was empowering to work with them, and I can't thank Sultan Lawyers enough!”N. Haras
I had an incredible experience working with the Sultan Lawyers team from start to finish. They were friendly and professional, and made me feel at ease with what I was going through. They provided me with some incredible advice, which resulted in a better outcome than I had expected. They also followed up with me to make sure everything was ok, which was a lovely touch, they really care about their clients. I also felt like the service I received was incredibly affordable, and I would definitely recommend Sultan Lawyers to anyone, without hesitation.A. Kelly
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