How To Win A Constructive Dismissal Case in Ontario
If you feel you have been constructively dismissed by your employer, you may have questions about what your next steps are and what you can do to protect your rights as an employee. Being terminated from your employment is an emotionally charged issue and is often incredibly stressful. When you are up against an employer who appears to be powerful, it can sometimes feel like your fight to protect your rights is hopeless. Thankfully, there are things you can do to advocate for yourself and ensure that you are not taken advantage of as an employee.
At Soni Law Firm, we have helped countless clients with their constructive dismissal claims against their employer. We are committed to helping you understand and protect your rights as an employee. See our information below to learn more about constructive dismissal and how you can best protect yourself against it. If you have concerns about your current employment situation or feel you are being constructively dismissed, contact us. We would be pleased to offer you a free consultation to better understand your situation and assist you with your dispute against your employer.
What Is Constructive Dismissal?
Constructive dismissal is when an employer makes a significant change to an employee’s contract of employment without the consent of the employee. In many cases, these changes result in the employee being forced to resign. Examples of constructive dismissal include changes in duties, reduced status, reduced salary or benefits and threats of dismissal.
What Should I Do If I Think I am Being Constructively Dismissed?
If your employer has made changes to your employment that are making you consider quitting or will force you to quit, you should consider obtaining the assistance of a qualified dismissal lawyer. In order to win a constructive dismissal case, you will need to prove that your employer has made changes to your employment and that it was for the purpose of having you resign.
It is also important to note that if you feel you are being constructively dismissed you should act rather than simply accept the changes by your employer. Waiting too long to address your concerns surrounding constructive dismissal can be viewed as an acceptance of your changes to employment.
Constructive dismissal can be complex and obtaining the assistance of a professional will be key. If you are wondering how to win a constructive dismissal case, your best bet will be to contact a lawyer with your concerns soon after any changes have been made to the terms of your employment. Remember that you are not required to consult with your human resources department before contacting a lawyer.
Can I Claim Constructive Dismissal Months After My Termination?
When it comes to constructive dismissal, you should consider reaching out to a dismissal lawyer before you resign. In some cases, it may not be possible for you to wait and you must resign before you speak with a lawyer. In these cases, it is important to ensure that you do not wait too long to take action.
If it has been months since you have resigned and you are now considering claiming constructive dismissal, your claim may be more challenging to prove. If your resignation has taken place recently, you should act quickly. If your scenario allows you to, you should attempt to speak with a lawyer soon after changes to your employment are made and do so before you resign from your employment. A lawyer will be able to assist you in taking the right steps to assist you in being successful with your constructive dismissal claim.
For more information on resignation and when you can claim constructive dismissal, see our previous article “Can I Claim Constructive Dismissal in Canada If I Resign In Canada.”
What Happens If I Win My Constructive Dismissal Case?
There are many factors that may influence what happens after you win your constructive dismissal case. In some cases, employees may be expected to accept re-employment with their employer. In other circumstances, you may receive a severance package.
Constructive dismissal is often not a straightforward claim and there will be many factors that affect the outcome, even if you win. You should not go into a constructive dismissal case with the assumption that you will receive a severance package. In order to have a better understanding of what you can expect, you should contact an employment lawyer. As no employee-employer relationship is the same, the details of your specific circumstances will be needed to offer advice.
At Soni Law Firm we have a proven record of excellence. We are expert constructive dismissal layers and are here to help you protect your rights as an employee. We would be pleased to represent you in your employee-employer dispute. Contact us today to discuss your concerns about constructive dismissal. We offer free consultations and are here to listen.
About Post Author
Rahul founded Soni Law Firm, a boutique employment, labour, and human rights law firm, with the goal of taking his Downtown Toronto litigation experience and making it accessible to Ontario’s Main Street employees and employers.