Claim Compensable Negligence and Constructive Dismissal
Typically, employees are employed in an at-will employment relationship and can be terminated by their employer at any time without cause. However, this does not mean that employers have a free license to treat their employees unfairly or to make the work environment intolerable. Employees who have been subjected to unreasonable treatment or conditions that amount to a breach of the employment contract may be entitled to claim compensable negligence and constructive dismissal.
To qualify for a constructive dismissal claim, the employee must demonstrate that they were forced to quit their job due to intolerable working conditions. These conditions could include harassment, discrimination, retaliation or unsafe workplace conditions. Alternatively, the condition could be the result of a significant change to an employee’s duties that was not agreed upon in their employment contract. Generally, the claimant must prove that the intolerable conditions were such that they would have caused any reasonable person to resign under similar circumstances.
An intolerable work environment can also be created by an employer’s failure to provide adequate support or resources to allow an employee to perform their job responsibilities effectively. For example, an employer may fail to hire enough staff or supply the appropriate equipment for the work environment. Employees should be able to raise these concerns with their managers or HR representatives before taking legal action to ensure that their working conditions are reasonable and meet acceptable standards.
How to Claim Compensable Negligence and Constructive Dismissal
A successful constructive dismissal lawyer near me claim can lead to monetary compensation from the employer, including damages for loss of income and other damages. In addition, the wrongful termination can damage an employee’s reputation and make it difficult to find a new job.
The best way to prevent a claim for wrongful termination is to address issues as soon as possible. This means raising concerns with management and resolving problems promptly. Employees should also keep a detailed record of any communications or incidents that relate to changes to their role that they object to, as this will be crucial to supporting a constructive dismissal case.
An experienced Toronto constructive dismissal lawyer can help employees who are facing a potential claim for wrongful termination. They can review the case, determine the strength of the claim and suggest a strategy for moving forward.
If you believe that your employer has breached the terms of your contract and caused you to leave your job, contact Bune Law to speak with a Toronto constructive dismissal lawyer today. Our experienced attorneys are well-versed in the law and have experience handling numerous cases involving employment contracts. They can help you understand your rights and options, and advise you of the best course of action. Our office is located in downtown Toronto near the intersection of Highway 401 and Highway 404. We are open Monday to Friday from 8 am to 6 pm. We offer free consultations and have flexible scheduling. To book a meeting, call us or fill out our online contact form today.