Quit to Claim Constructive Dismissal

If your employer has committed a fundamental breach of contract or made it intolerable for you to remain in your job, then you may be able to claim constructive dismissal. However, the circumstances of your case must be carefully examined by a Toronto constructive dismissal lawyer to determine the strength and merits of your claim.

An employee who feels they have been constructively dismissed will often find it impossible to remain in their position and will choose to quit the company. This can happen for a number of reasons including discrimination, harassment, poor management or bullying. If this occurs, the employer may be held responsible for breaching employment law or anti-discrimination laws. However, resigning from a company can be a risky move as you could sign away any severance package you are entitled to and potentially waive your right to sue for damages.

While you may feel that you have no other choice, you should always try to resolve the situation with your employer first before resigning. This is particularly important if you have raised a grievance which has not been properly addressed by your employer or if the behaviour that has forced you to quit was actually harassment, aggression or violence in the workplace. Often, employers will make changes to their policies without consulting employees or seeking consent. This is one of the most common mistakes and can be a significant factor in determining whether or not you have a valid constructive dismissal claim.

When Can I Quit to Claim Constructive Dismissal?

In order to qualify for a constructive termination claim, you must resign within a reasonable timeframe of your employer’s unilateral change to your employment terms. This is because if you wait too long to resign, you will have been deemed to have condoned the change and your claim will be dismissed. This is why it is so important to seek legal counsel as soon as you believe that you are facing a situation which may be constructive dismissal.

It is also a good idea to contact an employment lawyer if you have resigned as the result of a serious workplace issue such as sexual harassment or bullying that has gone unchecked by your employer. This can help you understand your rights and provide you with the necessary support to raise a complaint in the appropriate court.

If you have questions or concerns about any work-related situation, it is vital that you speak with an experienced Toronto constructive dismissal lawyer immediately. A qualified and experienced employment law solicitor will be able to assist you with understanding your circumstances, assessing the strength of your case and guide you through the legal process. It is important that you don’t wait too long to contact a Toronto constructive dismissal lawyer as this may lead to missing out on compensation to which you are legally entitled. Contact Bune Law today to arrange a consultation with an employment law expert. Our team can assist you with everything from drafting policy documents to providing expert advice regarding your specific situation and the potential for a constructive dismissal claim.