constructive dismissal Workers

When an employee feels compelled to quit his or her job due to intolerable working conditions, they may file a claim for constructive dismissal. To do so, they must prove that the employer created a hostile workplace that made it impossible for them to continue working under such conditions. This type of behavior is generally illegal because it violates an employee’s rights. It can include harassment based on protected classes such as race, religion, gender, and national origin; discrimination based on those same protected classes; unsafe working conditions; and more.

A constructive dismissal lawyer who specializes in this area of employment law can review the evidence of your case, determine the strength of your claim, and help you decide on the best course of action. This includes assembling a portfolio of documents that can include pictures, video footage, detailed documentation in a journal or Word document, witness statements, work emails, pay stubs, and more. The more solid your proof, the stronger your case.

There are numerous laws at the federal, state, and local levels that protect worker speech regarding working conditions. However, these laws often have serious limitations when it comes to coverage and enforcement. Furthermore, some employers challenge even these limited protections for workers’ expression. In such cases, it can be difficult for employees to find a wrongful termination lawyer to fight back.

What Protections Exist for constructive dismissal Workers Who Report Misconduct?

In addition to the above laws, some states have whistleblowing laws that protect employees who speak out against their employers’ illegal treatment of their coworkers. These laws can also be used to combat retaliation for reporting issues that a company may have committed in violation of state or federal law.

While it is not unusual for an employer to use retaliatory tactics against an employee who reports illegal activities, it is not a valid defense in a wrongful termination lawsuit. Furthermore, if the employer had knowledge of the misconduct prior to firing the employee, they cannot re-characterize their decision as constructive termination. The only exception is if the employee was fired for a valid reason, such as fraud or theft, which would still result in a wrongful termination. In such cases, the employee could file a claim for severance and any lost wages.

While it is not always possible for an employee to win a claim of constructive dismissal, this type of wrongful termination lawsuit is very common and requires the assistance of an experienced employment law attorney. Contact Bune Law today to schedule a consultation with a Toronto constructive dismissal lawyer. We can review your situation, discuss the strength of your claim, and work to ensure that you receive the compensation you deserve. Call us now or complete our online contact form to schedule a free case consultation. Our office is located in downtown Toronto and we serve clients across Ontario. Bune Law has extensive experience in a wide variety of employment law matters. We look forward to hearing from you soon.