Constructive Dismissal Protection
When employers impose changes that are intolerable, employees have the right to quit their jobs and pursue wrongful dismissal protection. These claims are known as constructive dismissal and can be filed against non-unionized businesses, as well as union workers in cases where they have a grievance procedure available to them to address their concerns. It is important for employees to know what to look out for so they can protect their rights and seek legal help if necessary.
The term ‘poisoned work environment’ can be used to describe any type of environment that is unfavorable for an employee and makes it very difficult for them to carry out their work duties. This can include harassment, unwarranted discipline, or discrimination. These types of workplace environments are generally not expected to exist, but if they do, it may be grounds for a constructive dismissal claim. This is usually a situation that has developed over time, however, it can also be the result of one particular incident.
Many of the same principles apply in a constructive dismissal case as with regular wrongful termination lawsuits. The employee must prove that the employer’s conduct was a significant breach of contract and caused them to feel forced to resign. In addition, they must have resigned soon after the employer imposed an intolerable situation on them.
What Is Constructive Dismissal Protection?
Some forms of behaviour are more serious than others, but even a single incident may be sufficient to warrant a constructive termination claim. These situations are often described as ‘the last straw’, and the employee feels they cannot continue to work in the company under the current circumstances. The law states that an employee has the right to resign their job for any reason, as long as they can substantiate it with evidence.
Employers must be careful not to breach an employee’s employment contracts or create a toxic workplace. Fortunately, there are ways to avoid the potential of a constructive dismissal lawsuit and a resulting loss in wages.
Employees who are looking to resign should document all instances of poor treatment and keep copies of any correspondence with their managers that could support their claims. This includes emails, voicemails and texts. Employees should also consider seeking the advice of a Toronto constructive dismissal lawyer to see what their best options are for protecting their rights.
This is particularly true of non-unionized workplaces, where it’s important for workers to understand the different laws that govern them. This Fact Sheet provides basic information on the topic, but employees should also read the ‘Unfair Dismissal’ and ‘General Protections Dispute – Termination Claim’ Fact Sheets for more comprehensive information about constructive dismissal and how to protect your rights in these types of situations. It is also important to note that the window of opportunity to file a constructive dismissal claim varies, depending on the nature of your employment and the state where you live. For example, federal employees have 45 days to make a claim.