Constructive Dismissal Without Resignation
There are many circumstances that can make you feel that your employer’s actions have violated the terms of your employment contract. However, the law does not always allow for an employee to claim constructive dismissal without resignation.
The key is that the breach must be a fundamental one and that you have been forced to resign as a result of it. The type of behaviour that will be considered a fundamental breach varies depending on the circumstances, but generally speaking, it can include any act, omission or event that makes you feel that you are no longer comfortable in your job, that you do not have the ability to work there or that it is not reasonable for you to stay there. The breach must have been made without your consent and that you had resigned within a reasonable timeframe of the change in order to be eligible to claim constructive dismissal.
It is important to remember that before you consider resigning, you should attempt to bring your concerns to the attention of your supervisor or manager in order to try and resolve the situation. If you fail to do this, a court may determine that you were not resigning voluntarily and instead that your resignation was involuntary or dismissed by your employer and therefore, you will be denied compensation.
What is Constructive Dismissal Without Resignation?
You must also be able to show that you have made every effort to resolve your situation with the help of the employer and that you have tried to resign on good terms in order to avoid a dispute over severance pay. It is important to consult with a JEWELL RADIMISIS JORGE LLP employment lawyer before making any decisions or signing any documents that might negatively impact your rights going forward.
We have successfully represented clients who have been terminated by their employers and who were subsequently awarded severance packages. We can carefully evaluate your case and develop a strategic approach to ensure that you receive the compensation to which you are entitled. Contact our office to schedule an appointment with one of our employment lawyers who will discuss your case with you and provide legal advice regarding your potential entitlement to compensation.
JPAK is an employment law firm that specializes in constructive dismissal and wrongful termination. We will aggressively fight to secure the compensation that you deserve after a breach of your employment contract. Contact us to schedule a consultation with one of our constructive dismissal toronto lawyers. We will review your case and answer any questions that you have about the severance package you may be entitled to.
Call or email our office today to get started. We look forward to hearing from you. Our office is conveniently located in the heart of downtown Toronto. We offer free parking and a friendly environment. We speak English, French and Spanish. We represent clients from across Ontario. We are committed to the highest standards of professionalism and ethics in the practice of law.
