Constructive Dismissal & Wrongful Termination Lawyers canada – Diamond & Diamond

Have you been terminated from your job and believe that your employer engaged in improper practices prior to or during this termination? If so, you need the protection and representation afforded by experienced lawyers working at Diamond & Diamond. 
Constructive dismissal and wrongful termination claims can be especially difficult for employees who are not aware of their rights and may lose their opportunity to fight back and protect their best interests early on in the case.

If this applies to your individual situation, make sure to schedule an initial consultation so that you can learn more about how a law firm can assist you. Constructive dismissal and wrongful termination are two of the most common types of employment law issues that emerge in litigation contracts around Ontario.

what is constructive dismissal?

Constructive dismissal is defined as a fundamental and unilateral change to the employment relationship. This means that the important elements of an employee’s job or the job overall has been changed without their agreement or input. Some common examples of how this unfolds includes: changes in work hours, reduction in compensation, demotions, changes in locations of work and changes in reporting relationships.

Constructive dismissal might also occur if an employee finds themselves working in hostile conditions such as being bullied, harassed, discriminated against or sexually harassed. In every case, it is critical to know that employers are only legally eligible to make certain kinds of changes to the employment relationship without the consent of the employee and without appropriately compensating that employee.

When changes are made in a fundamental nature, such as those listed above, constructive dismissal may enable the employee to take legal action. If an employee was subject to harassing behavior and ultimately resigned as a result, this could also serve as grounds for constructive dismissal.

Wrongful Termination

Wrongful termination is another type of workplace issue that unfolds for many unsuspecting employees in Ontario. An employer can terminate employment without just cause so long as they give compensation in lieu of working notice or reasonable working notice.

However, there are implied terms in every employment contract that the employer explains reasonable notice of termination. When common law applies, an employer has to give an employee reasonable advance notice of termination or payment that is equivalent to all the benefits and salary that the employee would have received during that reasonable notice period.

When an employer does not give the employee the right reasonable notice and the employee has been terminated without cause, that employee might be eligible to pursue compensation under a wrongful termination allegation.

If you need extensive experience in resolving workplace issues in the context of litigation, click here.

Contact Diamond & Diamond Lawyers Today

At Diamond & Diamond, our lawyers have extensive and strong experience representing those clients who have claims of constructive dismissal and wrongful termination. We take it upon ourselves to vigorously advocate for your best interests, to ensure that your goals are achieved with an optimal outcome in mind. We know that you have a choice in selecting an attorney to represent you and we take pride in the reputation we have earned throughout Ontario for our dedication and talents.

FAQs

How much compensation can I get for wrongful termination?

The amount you recover as compensation for wrongful termination depends on the facts of each case and how much lost earnings, lost benefits and other damages you incurred.

Can I sue my employer for firing me under false accusations?

If you have been with the same employer for at least 12 consecutive months, you may be entitled to sue your employer for using false accusations to fire you.

What are the 5 fair reasons for constructive dismissal?

Constructive dismissal occurs with a substantial, unconsented change to your employment and may include: Significant reduction in compensation; demotion; creation of a hostile work environment; change in work location; or suspension.