Legal Law

Constructive dismissal and constructive discharge?

Constructive dismissal

If your employer has caused working conditions to be so intolerable that you feel forced to resign, you may have grounds for a constructive dismissal lawsuit. An experienced Toronto constructive dismissal lawyer can help you understand your rights and take the appropriate steps to pursue a wrongful termination claim against your employer.

The law defines a constructive dismissal as a situation when an employer changes a workplace environment in such a way that an employee can reasonably regard the change as a termination, even though the employer has not explicitly terminated the employment relationship. This can occur when the employer acts in a manner that violates one or more employment laws, including the common law covenant of trust and confidence. The breach can be in the form of a single serious incident, or a pattern of incidents.

There are many ways in which an employer can make the workplace intolerable. Aside from obvious cases of bullying and harassment, it could be a result of a unilateral decision to reduce pay or change an employee’s job responsibilities. It could also be the result of a recurring pattern of actions that erodes an employee’s sense of security and trust in the company.

Constructive dismissal and constructive discharge?

A constructive discharge may also result from an employer ignoring an employee’s safety concerns and putting their health in danger. In addition, it can occur when the employer refuses to enforce the Occupational Safety and Health Act, which requires employers to provide employees with safe and healthy working conditions.

An important thing to note is that in order for a constructive dismissal lawyer case to succeed, the employee must have taken reasonable action to try to get their employer to resolve the intolerable conditions. This is why it is crucial to talk to a professional about your situation as soon as possible. For example, if you are considering quitting your job, you must notify a supervisor or management team about the intolerable conditions and allow the employer an opportunity to correct the issues before resigning. Otherwise, you could be found to have consented to the unacceptable working conditions and lost your right to sue for wrongful termination.

While the circumstances of a constructive dismissal case are highly fact specific, it is generally required that an employee must prove the following elements:

Aside from the above requirements, an employee who wishes to sue for wrongful termination must file their complaint within a certain time frame or they will be barred from doing so. In general, an employee must register their claim with the EEOC or the New York State Division of Human Rights within 180 days of their resignation from employment.

The Lynch Law Firm is a leading New York employment lawyer that handles numerous claims for wrongful constructive dismissal. Our legal assessment of each claim is free of charge. Call our office now to speak with a professional about your circumstances and learn more about your options. You may be entitled to compensation for lost wages and damages.

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