File a Constructive Dismissal claim
Whether you’re experiencing a change in your working environment that has made it intolerable or your employer has unfairly terminated you, you have the right to take legal action against them. The key to a successful constructive dismissal or unfair treatment claim is being able to prove that you’ve been forced to leave your job as a result of the intolerable working conditions. To do this, you’ll need to provide evidence in the form of written documentation such as emails or text messages, as well as audio or video recordings.
The type of work environment that can constitute a breach of contract includes significant changes to an employee’s job duties or responsibilities, relocating them to a new location, or making significant changes in their workplace’s physical condition (for example, changing the amount of noise and light they have to deal with). It also includes any kind of unreasonable pressure, for instance constant harassment by supervisors or co-workers that makes it impossible for an employee to carry out their work effectively.
For example, suppose a manager reduces your salary without providing any explanation or justification. Despite raising your concerns and requesting clarity, you’re unable to meet your financial obligations with the reduced salary so you decide to quit. This may be considered a constructive dismissal and you should consider hiring a Toronto employment lawyer to represent you.
How to File a Constructive Dismissal and Unfair Treatment Claim
It’s important to note that this discussion only applies to non-unionized environments. In a unionized workplace, your concern should be addressed through the appropriate channels within the collective agreement. Similarly, if your employer makes a negative change to your working environment and then offers to recall you for the same pay, you’re likely to have no choice but to accept in order to mitigate your damages.
Getting legal advice and representation is the best way to ensure that you have sufficient evidence for your case. An experienced employment lawyer will be able to help you gather the relevant documents and provide advice on the best way to approach your employer to discuss your concerns and seek resolution.
Regardless of the method you choose for lodging your complaint, it’s essential to do so at the time of the worst breach or at the end of a chain of breaches. This ensures that you don’t risk losing your statutory entitlements to severance pay or notice pay and, in the case of a constructive dismissal toronto, damages for lost income. It also ensures that you’re able to claim the full amount of the basic award and compensatory award, rather than a lower amount. If you have any questions about your claim or are unsure of what to do next, contact HTW Law to speak with an employment law specialist. They’re based in the heart of downtown Toronto and have a wealth of experience handling workplace disputes. Our team is committed to ensuring our clients’ rights are protected and that they receive the fairest possible outcome to their case.