Proving Constructive Dismissal
If an employee feels that they are not being treated fairly at work, they have the option to resign. They can then claim compensation from their employer under the legal definition of constructive dismissal. However, there are many issues involved in this process that can complicate things. For example, it is important for employees to have clear documentation of the events that led to their resignation. This is especially true in cases involving claims of wrongful termination.
In order to make a successful claim of constructive dismissal, the employee must prove that their employer created working conditions that were intolerable and thus resulted in an involuntary resignation. To do this, the complaining worker must demonstrate that their employer’s actions amounted to a repudiation of an essential term of the employment contract.
For example, suppose Jane was a hardworking and dedicated sales representative who took pride in her job. She had been with her company for over three years until she noticed that her manager was becoming increasingly critical of her performance. The criticism was constant, and it made Jane feel demoralised. As a result, she decided to leave her job in order to find new opportunities elsewhere.
Unfortunately, many people who quit their jobs to pursue alternative careers are not able to find other positions right away. This can leave them in a vulnerable position financially, especially if they do not have any other employment lined up. It can also impact their future job prospects as potential employers may assume that they are not reliable or dependable. In some situations, employees have even been denied jobs or paid severance due to a history of constructive dismissal.
Proving Constructive Dismissal
In some cases, employers will try to disprove a worker’s claims of constructive dismissal by arguing that they left their job for other reasons. This could include retaliation for whistleblowing, discrimination, or health and safety violations. If this occurs, it is crucial that workers seek professional advice to ensure they have the evidence they need to support their case.
An experienced and knowledgeable constructive dismissal Toronto lawyer can help employees in this situation. They will review the facts of the case and help determine if there is a strong case for wrongful termination. This can be difficult, as the burden of proof lies with the employee, and it is often not clear-cut whether the circumstances meet the criteria for a wrongful termination claim.
It is also worth noting that to be able to claim constructive dismissal, an employee must have been working for their employer for at least two years. Otherwise, they are unlikely to be able to secure any compensation from their former employer.
An experienced Toronto constructive dismissal lawyer can help with the case by identifying the key factors and providing expert witness testimony. They can also provide guidance on how to document and preserve evidence for the case. It is also crucial for employees to seek professional advice early on in the process so that they can avoid common mistakes.
