Constructive Dismissal for International Teams
Unlike wrongful termination, which is based on one incident, constructive dismissal is a situation where an employee feels compelled to resign due to a fundamental change in the work environment or employment terms. This type of action can negatively impact workplaces and can lead to lawsuits. To help prevent these situations from occurring, we have put together this comprehensive guide to understand the factors that could contribute to a constructive dismissal and how to avoid them.
In order to qualify as constructive dismissal, a negative action must be severe or intolerable and must occur over time. However, the definition of what constitutes a “fundamental” change will vary depending on the individual case. For example, while a move of an employee’s desk may not be considered a fundamental change, a transfer to a location that significantly alters commute time or a significant shift in duties could.
Furthermore, a claim of constructive dismissal can only be filed after the employee has exhausted any internal grievance procedures with the company and has failed to find satisfaction. In addition, the actions that have led to the claim must be a fundamental breach of the term of trust and confidence implied in all contracts of employment. This could include actions like ignoring an employee’s complaints, belittling them in front of co-workers or taking away equipment that they need to do their job.
A Complete Guide to Constructive Dismissal for International Teams
The most important factor in determining whether an employer has committed constructive dismissal is the severity of the changes and how long they have been in effect. The longer the negative conditions are in place, the more likely that a court will find in favor of the employee and award them monetary compensation.
The laws that govern constructive dismissal in Canada are very different from those of the United States. However, there are similar principles that should be followed in both countries. The main difference is that in Canada, there is no legal requirement for an employer to provide any notice before terminating an employee. In the United States, there is a federal law that requires employers to provide 60 days notice before terminating an employee.
It is vital to consult with an experienced constructive dismissal lawyer as soon as possible if you believe that your employer has violated the terms of your contract. In some cases, simply finding the right attorney can avoid litigation and save you a lot of time, money and effort in the long run. Contact our team of Toronto constructive dismissal lawyers to discuss your situation in detail. We offer a no-win, no-fee consultation and can assist you in determining the best course of action for your situation. Our lawyers are licensed to practice in the Province of Ontario and can offer expert advice on employment law matters. We can help you navigate the often confusing and complex maze of labor laws.