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Constructive Dismissal Vs Wrongful Dismissal

Wrongful Dismissal

When an employer creates intolerable working conditions that force you to resign, you may be able to claim constructive dismissal. However, it can be difficult to know when your employment circumstances have reached this point and to act quickly enough to take action. Understanding the difference between constructive dismissal and wrongful dismissal is essential to protecting your rights.

Often, it takes a combination of events or actions for an employee to consider their workplace unsustainable and decide to resign. Unlike wrongful dismissal, which involves the employer formally ending the employment relationship with a termination letter in their severance package, a constructive dismissal occurs when an employee “pulls the trigger” to end the employment relationship after their boss makes significant unilateral changes that they believe have forced them to resign.

This can include any unilateral change to an employment contract that reduces or alters an employee’s responsibilities, salary, job title, or benefits, or requires them to relocate from home to work. It also includes any significant changes to your work environment or workplace culture that cause you to feel uncomfortable or unsafe. It can even include bullying or harassment by coworkers or management.

In order to make a constructive dismissal claim, it’s important that you formally communicate your concerns to your manager or someone in a position of authority within the organization. This is because your employer should have the opportunity to rectify the situation before you resign. It’s also a good idea to keep a record of all communications in case you have to file a claim for constructive dismissal.

Constructive Dismissal Vs Wrongful Dismissal

It’s also important to note that some forms of negative treatment, such as discipline, are not considered constructive dismissal. However, it’s crucial to remember that your employer can discipline you for legitimate reasons such as poor performance or misconduct.

When addressing your concerns, it’s best to approach your manager or someone in a position of leadership in the company with clear and concise arguments as to why you disagree with their decisions. Make sure to be respectful when communicating your concerns and avoid making threats or insulting them in any way.

Finally, if you’re unable to resolve your issues with the help of the people in charge, it’s always wise to consult an employment lawyer for further advice. It’s particularly important to do so if you’ve been threatened with retaliation for raising concerns about sexual harassment or discrimination in the workplace.

An experienced wrongful termination and constructive dismissal toronto lawyer in Toronto can help you understand your rights and navigate this complex area of employment law. They will be able to assess your situation and provide you with advice on how to move forward, whether that involves filing a lawsuit or seeking legal assistance from the government or another body for breach of employment laws.

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