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Constructive Dismissal

What Is Constructive Dismissal?

Constructive dismissal happens when an employer makes major changes to an employment contract without the employee’s approval. This typically looks like dramatically reduced hours, less pay, and other unpleasant changes intended to give an employee a reason to quit. Constructive dismissal can also look like bullying, harassment, or otherwise causing a work environment to become so sour that a normal person would not withstand it.

Types of Constructive Dismissal

According to a ruling by the Supreme Court of Canada (SCC), there are 2 kinds of constructive dismissal:

  • Making a single decision to violate the terms of the employment contract by reducing pay, changing their job responsibilities, etc.
  • Demonstrating a pattern or series of actions that prove the employer does not mean to abide by the terms of the employment contract

Suspensions do not necessarily constitute constructive dismissal, but they certain can, depending on the length, paid status, and behavior of the employer when handling the suspension. If you feel your employer has attempted to force you out of your job by violating the terms of your employment contract, you will need help holding them accountable for their wrongs.

Tough, Experienced Lawyers Serving Toronto for 55+ Years

Our team at JEWELL RADIMISIS JORGE LL.P. is dedicated to providing you with effective legal advocacy, especially when your rights are violated by an employer. Unfortunately, employment laws can be murky and unclear and holding an employer accountable when they behave unlawfully is a challenge.

Our Toronto employment law lawyers work hard day in and day out to make sure you understand your rights and take bad bosses and to task when they harm workers. If your employer has violated the terms of your employment contract in attempts to push you out of your job, we can help.

Call (647) 360-6685 to speak to a member of our team or send us an emailto schedule your free consultation with a Toronto employment law lawyer.

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