Constructive Dismissal Compensation

Constructive Dismissal

If you have been forced to leave your job due to unwarranted and inhumane actions by your employer, then you may be entitled to financial compensation in the form of a severance package. JPAK Employment Lawyers specialize in constructive dismissal and can ensure that you receive the compensation to which you are entitled.

To successfully bring a constructive dismissal action, an employee must establish that their employer has breached one or more of the terms set out in their employment contract. In most cases, an employer must make a single unilateral change that is a fundamental and repudiatory breach of an express term in the employment contract.

However, it is important to note that the breach does not have to be a single action or omission; it can be a series of incidents that culminate in an employer’s failure to honour their contractual obligations. If an employer fails to respond to a grievance and does not offer to resolve it within a reasonable timeframe, this has also been found to constitute a fundamental breach of an implied term in the employment contract.

Constructive Dismissal Compensation

If the breach is severe, an employee can be awarded damages that compensate them for their loss of earnings and benefits in addition to their notice period, as outlined in the minimum set out in the Employment Standards Act, 2000. The length of the notice period is influenced by such factors as the age of the employee, their position and the availability of similar work in the local job market. For example, it will take a longer time for a Vice President to find work than it would for a fast food cashier.

An employee can also claim aggravated and/or punitive damages in the event that their employer has committed a wilful and flagrant breach of human rights laws or any other law that is not otherwise addressed under an employment contract. Such awards are typically designed to deter the employer from repeating their misconduct and to express society’s collective disapproval of what they have done.

A wrongful termination can be a stressful experience for employees and their families, which is why it’s important that you consult with an experienced constructive dismissal lawyer near me as soon as possible to discuss the details of your situation. A lawyer can provide you with tailored guidance that will help to ensure your case has the best chance of success.

Leaving your job in order to pursue a constructive dismissal toronto action is not something that should be undertaken lightly, as doing so could jeopardize the strength of your case and your ability to receive damages. Before you decide to quit your job, it is recommended that you contact an experienced constructive dismissal attorney near me like Unified LLP for advice on what steps you should take to protect your legal rights. For more information, please contact our team of employment lawyers in Toronto. We can arrange a free consultation to determine whether or not you have grounds for a constructive dismissal claim and to explain the process involved in taking your employer to court.