Can Constructive Dismissal Occur Due to Changes in Corporate Values?
Constructive Dismissal
When an employee feels they are being constructively dismissed from their job, the resulting employment dispute can have significant consequences for both parties. It is a complex legal matter that requires a deep understanding of the law, and how it pertains to specific situations. An experienced lawyer can help you determine whether you have a viable constructive dismissal claim, and what options may be available to you.
It is not unusual for employees to feel that a change in their employer’s values makes it untenable to continue working for the company. This can be a result of a variety of reasons, including the employer’s failure to honour their commitments or treat them fairly. It can also be the result of a change in management, or an inconsistency in the company’s policies and procedures.
Ultimately, the issue comes down to the fact that the employer has breached an essential term of their contract. This includes both express and implied terms, such as those found in the employment contract or verbally agreed to by the parties. The breach must be significant and fundamental to qualify as a constructive dismissal.
Can Constructive Dismissal Occur Due to Changes in Corporate Values?
A claim for constructive dismissal must typically be filed within a reasonable time frame after the employer has unilaterally changed a contractual term. The reasonable time period varies depending on the nature of the change and the circumstances of the individual. An experienced employment lawyer can help you understand the appropriate reasonable notice period for your case.
In order for a constructive dismissal claim to succeed, the change must be so severe that an employee has no alternative but to quit. A common example of this would be if the company had reduced an employee’s pay to a point where it was not sustainable, or if they had been demoted in a way that made their position unsustainable.
The definition of what is considered to be a “substantial” or “fundamental” negative change will vary by case, as well. For example, a minor dock in pay or a shift in duties is unlikely to constitute a constructive dismissal, as long as the employee has a reasonable opportunity to find comparable work. However, a relocation of offices or the requirement that remote employees be required to work in-office could be sufficient to qualify as a constructive dismissal lawyer near me.
It is important to note that constructive dismissal is not a defence to wrongful termination, such as retaliation or discrimination. To avoid a possible constructive dismissal, Haynes Law Firm can help you prepare your workplace policies and procedures to minimize risks. We can also provide guidance on how to deal with business restructuring or downsizing, and offer severance packages to affected employees. Contact a constructive dismissal lawyer in Ontario today to schedule a consultation. This free, confidential appointment can help you protect your rights and interests. You can trust that our compassionate, tenacious team will fight for you.