Our Practice Areas: Constructive Dismissal

Employees do not need to be told that they are fired in order to claim damages against their employer. In a constructive dismissal case, the employee can, in the right situation, 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 fo rwrongful 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 two broad categories:

• First, employers may make changes to the way that an employee is compensated. An example would be an employee who was previously paid a base salary plus commission being told that they would henceforth be paid straight commission only, with no salary guarantee.
• The second category involves changes to employees duties, responsibilities, reporting relationships or the location of work.

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

• Signals You Are About to be Dismissed
• Disloyalty Allegations May Be Constructive Dismissal
• Spying on Employees Without Cause
• Unilateral Pay Cuts
• Unequal Job Offer Reason to Quit
• Signals You Are About to be Dismissed
• Should You Sue Your Employer?
• Boss's Word Should Not Be Given Lightly
• Courts Definition of a Contractor
• When Companies Merge
• Changing an employee's status has consequences

Don’t leave your future to chance, let a leading expert assess your case. Contact us at 416-307-4019.