Constructive Dismissal in Brampton
You don't have to be fired to have a legal claim. If your employer has made your workplace so intolerable that you had no choice but to resign, you may have been constructively dismissed — and you may be entitled to the same compensation as someone who was let go without cause.
What Is Constructive Dismissal?
Constructive dismissal occurs when an employer makes a fundamental change to the terms of employment without consent, or creates an intolerable work environment, effectively forcing an employee to quit.
Common examples include:
- Significant pay cuts or benefit reductions
- Demotion or removal of responsibilities
- Forced relocation
- Harassment or a poisoned work environment
- Drastic schedule changes
What You May Be Entitled To
If you've been constructively dismissed, you may be entitled to:
- Reasonable notice or pay in lieu
- Severance pay under the ESA
- Damages for breach of contract
- Human Rights damages if discrimination was involved
Important: Don't Wait Too Long
If you resign due to constructive dismissal, you must act promptly. Continuing to work for extended periods after the change may be seen as acceptance of the new terms.
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