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.

free lawyer consultationConstructive 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.

wrongful dismissal canadaWhen 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.

FREE CASE EVALUATION

Recent Case Results

$1.6 Million

Car Accident

An elderly woman was struck exiting her vehicle resulting in serious leg injuries. Our team was able to obtain a settlement for $1.6 million from the insurance companies.

» READ MORE

$1.25 Million

Head on Collision

Our client was involved in a head on collision that broke both of her legs. Our car accident lawyers obtained a $1.25 million settlement from the insurance company.

» READ MORE

$1.3 Million

Neck Fracture

A 21-year-old male was injured as a passenger in a motor vehicle accident. As a result he received a fractured neck. Our accident lawyers were able to settle the case prior to trial for $1.3 million.

» READ MORE


Free consults and contingency fee arrangements apply to all personal injury cases only and to select wrongful dismissal cases, but do not apply to other types of commercial and civil litigation.

Get the help you deserve

1-800-567-HURT

Call NOW for a free consultation

Diamond & Diamond Ontario Head Office

255 Consumers Road, 5th Floor, Toronto, Ontario

>> Learn More

Diamond & Diamond Alberta Head Office

4246 97 Street NW, Unit 100, Edmonton, Alberta

>> Learn More

Diamond & Diamond British Columbia Head Office

1727 West Broadway, Suite 400, Vancouver, British Columbia

>> Learn More

Barrie

17 Poyntz Street

Brampton

341 Parkhurst Square, Suite 5

Calgary

1331 Macleod Trail SE, Suite 420

Edmonton

4246 97 Street NW, Unit 100

Etobicoke

34 Greensboro Dr 2nd Floor

Hamilton

105 Main Street East, Suite 1500

Kelowna

1631 Dickson Avenue Suite 1100

London

256 Pall Mall St, Suite 102

Oakville / Mississauga

2939 Portland Drive, Suite 200

Oshawa

50 Richmond Street E, Unit # 108 B

Ottawa

955 Greenvalley Crescent, Unit 315

Sudbury

144 Elm Street, Suite 201

Surrey

1104 – 13737 96 Ave, Surrey, BC V3V 0C6

Thunder Bay

278 Algoma Street South

Toronto

255 Consumers Road, 5th Floor

Vancouver

1727 West Broadway, Suite 400

Windsor

13158 Tecumseh Rd. E. Unit 3B