How Much Constructive Dismissal Am I Entitled To?
Constructive Dismissal
An employer can impose major changes to an employee’s employment terms without explicit consent. These changes may be deemed a constructive dismissal when they fundamentally alter the employment contract’s original framework, making the work environment intolerable and leaving an employee with no choice but to resign. Fundamental terms can vary, but in most cases include salary and benefits, job duties and workplace location.
An employee’s rights to a safe and healthy working environment are protected by federal and provincial employment laws, including the Employment Standards Act (ESA). The ESA establishes critical minimum standards for many workplaces in Ontario, outlining things like hours of work, minimum wage, and leave entitlements. These essentials form the basis of an employer’s legal obligations and are used as a benchmark against which other changes to the work environment can be measured.
Employers must be very cautious when implementing any significant changes to their employees’ contracts or working conditions. Any alterations that are deemed to breach the ESA or any other relevant legislation could give rise to a claim for constructive dismissal. While it is impossible to predict what might constitute a constructive dismissal in any particular circumstance, courts are generally wary of drastic changes that can have a dramatic impact on an employee’s life and livelihood.
How Much Constructive Dismissal Am I Entitled To?
Even if an employee quits their job to avoid intolerable working conditions, they are still entitled to the same compensation as if they had been fired. In addition to severance pay and termination pay, an employee can claim damages for loss of dignity, stress, humiliation, mental anguish, loss of earning capacity and loss of opportunities to obtain comparable employment.
The amount of severance pay an employee is entitled to will depend on the length of their employment, the length of their notice period and whether they were in the middle of a fixed term contract. Generally speaking, the longer an employee has been with a company, the higher their severance package will be. However, the final severance package will also be influenced by an employee’s efforts to mitigate their loss and make reasonable steps toward finding new employment.
An experienced toronto constructive dismissal lawyer can help an employee determine the value of their case and explain all of their options for moving forward. An attorney can assess the facts of a case and recommend the best course of action for an individual client, which could include negotiations with an employer to resolve the issue, or filing a lawsuit for wrongful termination in court.
A lawyer can also provide guidance on re-employment issues such as the duty to mitigate, eligibility for unemployment insurance or severance pay and other relevant details of employment law. An attorney will have extensive experience handling a variety of employment law matters and will understand all aspects of the law, including what a plaintiff must prove to be eligible for damages in a constructive dismissal action. Contact Achkar Law today to schedule a consultation with an experienced employment lawyer.
