Constructive dismissal takes place when an employee resigns due to an intolerable work environment created by their employer’s fundamental violation of the employment agreement. When this happens, many employees feel that their rights have been so deeply disregarded that they have no other recourse but to quit. Windsor, Ontario’s Costante Law can help determine if you have been constructively dismissed.
Toxic Work Environments
Although we all experience hard times in the workplace, a toxic work environment is one that is made wholly intolerable by the conduct of an individual or individuals. Examples of a toxic work environment might be one in which derogatory or hurtful jokes are being made, verbal abuse or threats are taking place, or an employee is being unfairly targeted by their superior.
Forced Resignation
Forced resignation takes place when an employee’s working life has been made so unbearable that their only choice is to leave their position. Employers sometimes force employees to resign to avoid having to pay them their rightful severance. An employment lawyer can still help you achieve a severance if you were forced to resign and the employer won’t pay.
Changes to Employment
When drastic changes to employment such as decrease in pay or unreasonable increase in duties take place, an employee may argue that they are being “pushed out” of a position. If your pay has been cut by 20% or more, or if your employer has unmanageable output expectations, you should consult a lawyer to see if you are being constructively dismissed.
