Has there been a fundamental change that has been made to your employment contract? If yes, you need to reach out to an employment lawyer as soon as possible, as you might have a Constructive Dismissal case. Knowledge is always valuable. Being aware of constructive dismissal, irrespective of whether you are a victim of it can help you take action right in time. We are here to tell you all that you need to know about constructive dismissal.
What is constructive dismissal?
Constructive dismissal occurs when the employer unilaterally makes a fundamental change to the material terms and conditions of the employment contract, either by conduct or by words. The employer can make substantial changes like changes in compensation which include salary, benefits or bonus, job responsibilities, reporting functions within the company hierarchy, working conditions, hours of work, the terms of employment, or the location of work. Even if such changes have not been made, a case of constructive dismissal can be filed even when there has been no breach of the employment term. Still, the employer’s conduct is indicative of intentions of not being bound by the contract. An example could be the conduct of the employer to make it impossible for the employee to work.
When can a case be filed?
A claim of constructive dismissal can be filed under common law and the Employment Standards Act (ESA). The ESA includes the common law principles for constructive dismissal. You can file a case for constructive dismissal if you have faced any of the following circumstances:
- You have been temporarily laid off, whereas the employer has no right to do so under the employment contract.
- The employer substantially alters the established job duties of the employee, and this is not allowed under the employment law.
- The employer substantially reduces the salary of the employee. Even reduction temporarily without the consent of the employee is prohibited by employment law.
How can a lawyer help you?
Constructive Dismissal law cases can be highly complex. Reaching out to an employment lawyer well in time is crucial. If the employee takes their time and fails to act. The employee might be deemed to have acquiesced to the changes. The employee won’t be able to move against the employer on the grounds of constructive dismissal. It is always best to reach out to an experienced law firm like HTW Law with years of experience under their hat when dealing with constructive dismissal.
During your consultation, they will listen to you patiently and ask you questions. They will help you to determine whether you have been a victim of constructive dismissal or not. If you have been a victim, they will work to build a strong case and help you fight for your right. Undergoing constructive dismissal can take a severe toll on one’s mental health. Having experienced and empathetic lawyers by your side can help you to get through this journey with relative ease and to come out victorious.