Constructive Dismissal Claims Be Settled Out of Court
As the name implies, a constructive dismissal is an action that an employer takes to force an employee to resign their job. A constructive dismissal can be a cause of litigation, but it is often settled out of court. Depending on the circumstances, the outcome of the settlement may include financial compensation. If the circumstances are particularly severe, punitive damages may be awarded. This type of award is designed to give retribution to the plaintiff, to deter the defendant and others from engaging in the same behavior in the future (deterrence), and to express the community’s collective disapproval of what occurred.
An employer can make themselves vulnerable to a constructive dismissal claim by making a significant change that contradicts the fundamental terms of an employment contract, or by encouraging or permitting a hostile workplace environment. Providing managers with training and tools to manage employees effectively can help reduce the likelihood of such claims.
If an employee has concerns about changes to their employment, they should speak with management or someone in a position of authority immediately. If an employee waits too long to address the issue, they risk losing their ability to sue for constructive dismissal. The reason is that by remaining silent or continuing to work, an employee could be deemed to have “condoned” the changes and given their implied consent for future changes to their job at the employer’s discretion.
Can Constructive Dismissal Claims Be Settled Out of Court?
Similarly, an employee should document all incidents and conversations that could potentially be construed as a constructive dismissal. This includes any change in job duties, bullying or harassment by coworkers, discrimination and other issues that can make a workplace intolerable. This documentation can help an employee prove their case in court.
It is important to keep in mind that an employee must have 12 months of continuous service with their employer in order to bring a constructive dismissal claim. However, in some cases this period can be waived.
A competent Toronto employment lawyer can help an employee determine their options for legal recourse, including a potential claim of constructive dismissal lawyer near me. An experienced lawyer can also provide guidance on negotiating with an employer and taking the necessary steps to ensure that employees are treated fairly and in compliance with the law.
Paulette Haynes is a dedicated and skilled Toronto employment attorney who regularly works alongside employers to provide them with tools for managing employees that shield them from liability. She is a strategic problem solver and frequently shadows her employer clients to identify areas of risk and conflict in order to develop solutions that can mitigate these risks. Paulette and her team are often referred to as “legal unicorns” for their ability to find creative, out-of-the-box solutions that provide employers with the flexibility they need to meet business objectives while shielding them from liability. To learn more, contact Haynes Law Firm today. Paulette and her team will be happy to answer any questions you may have. The initial consultation is free of charge.
