Changes to Your Job at Work? Constructive Dismissal Lawyer

Can an Employer Make Changes to Your Job?

Generally speaking, an employer in Ontario cannot make significant negative changes to an employee’s terms or conditions of employment without their consent or permission. However, one key exception could be if the employee has signed a legally valid employment contract with a provision that allows an employer to make changes to an employee’s job. This is where the assistance of an experienced constructive dismissal lawyer is very important.

What is a Constructive Dismissal?

In Ontario employment law, an employee should immediately consult with an experienced constructive dismissal lawyer whenever they experiencing major changes to their job. Here are some examples of a constructive dismissal:

major increase (or decrease) in employee workload, duties and responsibilities
major change in work hours (e.g., changing employee status from full-time to part-time)
demotion, or changing an employee’s job title
major change in reporting relationship
placing an employee on an unpaid temporary layoff
creating or allowing a toxic workplace, such as workplace harassment or discrimination
major change in work location
major pay cut (or removal of significant aspect of normal compensation, such as bonus or commission)

What Should I Do if I was Constructively Dismissed?

If an employee reasonably believes their employer has made a significant change to their employment, it may be important to consider the following tips:

Immediately talk to an experienced employment lawyer about your case. While experiencing issues at work is very stressful, it is crucial for employees to quickly get sound legal advice from an employment lawyer who reviews their case (specifically, the negative changes being made by an employer) to understand whether it is, indeed, a constructive dismissal. In fact, if an employee waits too long after an employer announces (or implements), the employer may be able to successfully defend a constructive dismissal claim by proving the employee accepted those changes. In other words, if an employees is aware of an employer’s changes and continue to work, a court could conclude they condoned the changes and will no longer be able to claim constructive dismissal if they are dissatisfied with the new terms and conditions of employment.2. Do Not Quit or Resign. While a constructive dismissal claim is an important tool in employment law to help employees fight back against unfair changes to their job, simply quitting and claiming a constructive dismissal is very risky. Among other things, it could cause the employee not only to lose their job, but forfeit any legal right they had to receive a financial compensation (severance package). Therefore, employees should only pursue a severance package negotiation or constructive dismissal claim with the help of an experienced employment lawyer.

3. Speak Up. Immediately after an employee is told of a change to their job, such as a demotion, pay cut, or addition (or removal) in duties and responsibilities, it is important to think carefully about the change is negative, significant, and something they have permitted (or would be willing to permit). Where warranted, it is important to clearly (and professionally) object to the changes to the terms and conditions of employment being made by the employer – and only with the help of an experienced employment lawyer.

As constructive dismissal claims are risky, and each case depends on its own unique facts, it is important for employees who want legal advice that is specific for your case speak with an Ontario employment lawyer.

Constructive Lawyer in Toronto

In Ontario employment law, it is important for employees to consult with a constructive dismissal lawyer as soon as major changes are made to their job they do not accept. If you are an employee who believes you have been constructively dismissed, please speak with our experienced constructive dismissal lawyer in Toronto regarding your options, including negotiating your severance package to obtain the severance compensation you deserve, as well as constructive dismissal claim.

Contact us by phone 647-822-5492 or fill out the contact form to the side. Our employment lawyer in Toronto would be happy to assist in your employment law matter as quickly as possible.

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