Constructive Discharge in the Workplace
In most employment situations, employees are employed in an at-will employment relationship. This means that they can be terminated by their employer at any time, and without reason. However, employers are still required to treat their employees fairly and provide a stress-free environment. Employers who fail to do so may be subject to wrongful termination claims from their employees. These types of claims are often based on constructive discharge, where the employee feels they were forced out of their job due to intolerable working conditions.
The law considers an employer to have engaged in a constructive discharge when they make their working conditions so intolerable that the employee feels they have no choice but to quit their job. The intolerable conditions must also have a certain degree of permanence and be a pattern. For example, if the employer constantly harasses an employee or refuses to listen to their legitimate concerns, this could constitute intolerable working conditions.
Another factor that determines whether a claim for constructive dismissal is valid is the subjective experience of the employee. The conditions must be so bad that the employee genuinely believes they have no other choice but to quit their job. However, the subjective element of a constructive discharge claim is not always easy to prove. In some cases, it may be difficult to establish that the conditions were intolerable, especially if there is a lot of time between the alleged hostile behaviour and the employee’s resignation.
What Is Constructive Discharge in the Workplace?
If you are experiencing intolerable working conditions or feel that you have been forced to resign from your job, contact an experienced employment legal matters lawyer, such as a member of our team, right away. We can help you determine the strength of your case and whether it meets the criteria for constructive dismissal lawyer near me, so that we can start preparing your claim as soon as possible.
For more information about a constructive discharge case, or for assistance with a workplace issue, please contact us at the Lynch Law Firm today. We are located in Toronto, Ontario, and we serve clients throughout the city, including Oakville, Markham, Etobicoke, and Vaughan. We offer free initial consultations and flexible appointment scheduling, so you can get the help you need when you need it most.
Our lawyers can assist you in filing a claim for constructive dismissal at Small Claims Court or Superior Court. We can also represent you in a trial or arbitration to help you secure the compensation that you deserve for your loss of income and benefits. We are available to speak with you at any time, so contact our office today to learn more about your options. Alternatively, you can fill out our online form to request your free, no-obligation consultation. We look forward to hearing from you.