Navigating The Subtle Complexities Of Constructive Dismissal

Constructive dismissal can be one of the trickiest types of wrongful dismissal. Many employees are not even aware that their employer’s unfair treatment effectively forces them into an unfair ultimatum.

If your employer has made significant changes to your working conditions without your consent, you may be in a position to sue for compensation. At De Bousquet PC, we can cut through the uncertainty for you and defend your employee rights.

Understanding The Anatomy Of Constructive Dismissal

Constructive dismissal happens when an employer unilaterally makes significant changes to the terms of your employment without your consent. An employment agreement is a legally binding arrangement agreed upon and entered into by both parties. Deviations carried out by one party without the consent of the other can equate to breach of contract.

If your employer has made such changes and you do not agree, you may be in a position to leave your employment as if you had been dismissed. In such cases, your employer could be liable to provide you with pay in lieu of notice.

We Can Help You Avoid Damaging Your Claim

The tricky part about wrongful dismissal is determining whether it actually exists. If you leave without proper grounds, the courts may consider that you quit. But if you stay, your actions could be viewed as implied consent to the changes. In both cases, you may forfeit the right to compensation.

Without experienced legal guidance, employees have made grave errors that stripped them of their opportunity to hold their employers accountable. Our lawyers can help you avoid these mistakes. When you turn to us for a professional opinion, we will help you:

  • Analyze the legal and factual details of your case
  • Determine if your employer’s actions fit the legal definition of constructive dismissal
  • Fully understand your options and the risks and benefits of each
  • Gather and preserve evidence to support your case
  • Avoid pitfalls and actions that could result in forfeiture of your claim
  • Fight for the full compensation you deserve after dismissal

Find Out If You Are Facing A Constructive Dismissal

Our lawyers can help you gain clarity on how solid a case you have. Come in and get answers to your questions. Call us today at 416-616-5628 or contact us via email. We serve employees throughout TorontoHamilton and Mississauga.