Constructive dismissal is when an employer makes a substantial change to an employee’s employment terms without consent. It can also describe when there is no longer intent to accept the terms of an existing employment contract. If so, an employee can treat this employment as having been terminated. These circumstances release the employee of obligations relating to resignation. Legally, it would be defined as a termination of employment. 

The impetus is on the employee to prove a constructive dismissal has occurred. This is where speaking to an employment lawyer like employmentlawyertoronto.online can give you real insights into whether there’s a case. If you cannot prove constructive dismissal, it will be considered a resignation. The employee will not be entitled to collect any monetary damages. Plus, they may be required to pay a portion of the employer’s legal costs in addition to being responsible for their legal costs.

Please do not wait too long to issue a claim with any constructive dismissal case. The courts may view continuing to work for an extended period after a unilateral change as acceptance and acquiescence. Alternatively, if you resign and wait for an extended period before taking legal action, you may be precluded from making a constructive dismissal claim.

Here are the possible signs you have experienced a constructive dismissal:

Your Job Duties Have Been Altered

An employer may alter the job you are doing, changing the responsibilities or reformatting the position. If this is done without the consent of the employee, it understandably changes the dynamics of the role. When your job duties have been altered, it necessitates a new contract from your employer.

Similarly, aspects of where you work and how you work may have been altered. When the work environment drastically changes and what it was is no longer what it is, this is another sign you have a constructive dismissal situation on-hand. Also, an employer may suddenly require an employee to move to a new geographic location. An employment lawyer will tell you that this falls within the parameters of how constructive dismissal cases are defined.

An employer has a right to make reasonable changes to job duties and responsibilities, in conjunction with managing their business and adapting to changing market conditions. Minor changes to terms of employment do not trigger a constructive dismissal. If you are unsure whether you are facing a constructive dismissal, speaking with an employment lawyer is recommended.

You Are Offered a New Employment Contract

An employer may offer an employee a new employment contract with altered terms. If the employer does not provide proper notice that they are terminating the older contract, the employee can insist on adhering to the original terms with no change. This sort of dispute can result in a constructive dismissal.

An employer may take a single unilateral act and knowingly or unknowingly breach your employment contract. Demoting an employee substantially alters the nature of one’s work, meeting the definition of what a constructive dismissal case requires. A demotion can also be done in a subtle way, such as changing an employee’s reporting relationships.

A big sign that you have a constructive dismissal case is when an employer starts adjusting compensation. Certain aspects of the compensation agreement may not be paid out or only partially paid. There are several examples where an employee’s expected payments are redistributed, delayed, or outright refused. 

An Employer Is No Longer Carrying Out Their Obligations

There are many ways in which an employer can no longer perform obligations under the contract. Examining your terms of employment in-depth may reveal several areas where an employer has stopped fulfilling their agreed-upon duties. This is one of two ways constructive dismissal can be proven, either through a single act or when an employer’s ongoing conduct dismisses a prior contract.

An employer has an obligation to protect employees from harassment and discrimination. In other words, you should not be obligated to work in a toxic workplace. You should also not be forced to continue working in this environment.

You may have informed your employer about ongoing harassment or discriminatory conduct in the workplace. If you are disciplined unfairly or in a retaliatory sense by your employer, this is a common type of change that would trigger a constructive dismissal. 

An Employer Is Acting in Bad Faith

A constructive dismissal case does not necessarily mean an employer acted in bad faith. An employer may be proceeding with good intentions. However, any decision to alter an employment contract without the employee’s involvement can trigger a constructive dismissal.

The intent is important, of course, in a court of law. An employer deemed to have acted in bad faith could be ordered to pay punitive or moral damages. The employer must also pay any damages associated with wrongful dismissal.