Levitt LLP constructive dismissal lawyers can help you understand your legal rights as an employee and if you qualify for a constructive dismissal case.
Employees do not need to be told that they are fired in order to claim damages against their employer, according to Canadian employment law. In a constructive dismissal case, the employee can leave the company and claim damages as though they had been fired.
Constructive dismissal is the term used for situations where the employer makes fundamental changes to an employee's terms and conditions of employment. In this situation, the employee can claim damages for wrongful dismissal. While claims have become increasingly common, there are significant limitations that employees need to be careful about. This includes a particular consideration of whether the employee must, as part of their obligation to look for alternate employment, stay in the job despite the fundamental changes that have been made.
These cases fall under five categories:
Cut in salary or other remuneration
Demotion
Geographic/Transfer
Abusive Treatment
Setting up for failure
Do you have a case?
In all cases where constructive dismissal is an issue, it is essential to get appropriate legal advice promptly. Employees who do not object to relevant changes in a timely manner may be deemed to have condoned those changes thereby losing their right to claim.
Constructive Dismissal Articles and Resources:
Spying on Employees Without Cause
Unequal Job Offer Reason to Quit
Boss's Word Should Not Be Given Lightly
Courts Definition of a Contractor
Changing an employee's status has consequences
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Don't leave your future to chance, let a leading expert assess your case. Contact us at 416-594-3900 or at info@levittllp.ca.