Constructive Dismissal Cases
Oftentimes, when a company lays off employees, they’ll offer those workers severance pay and other benefits. In some cases, those employees will be required to sign a non-disparagement clause as a condition of receiving those benefits. While these clauses can be a useful tool for companies, they can also be restrictive and unfair to individuals. Having an experienced Toronto constructive dismissal lawyer review the clauses and ensure that they’re fair is crucial to protecting your rights.
What role do non-disparagement clauses play in constructive dismissal cases? In a recent case that highlights the risks of drafting broad non-disparagement clauses, the US Court of Appeals for the District of Columbia found that a non-profit’s failure to prevent its executives from disparaging a former employee violated federal law. In the case, a foundation’s CEO and board members wrote a negative public statement about a former employee. This was a violation of the non-disparagement clause in his contract.
A clause must be narrowly drafted and clearly outlined to be valid and enforceable. Vague language that leaves it open to interpretation can be interpreted broadly and could prevent individuals from sharing their honest opinions or experiences. It can even prevent people from speaking about their workplaces at all, which can lead to a toxic work environment.
What Role Do Non-Disparagement Clauses Play in Constructive Dismissal Cases?
However, there are certain actions that will not be considered a breach of the non-disparagement clause or a constructive dismissal. For instance, if an employer disciplines their employees, it will not be deemed a breach of the non-disparagement provision, as long as it is warranted. Additionally, if an employee is offered a new position at the same or higher salary than their current one, that will not be a breach of the non-disparagement rule.
In order to file a claim of constructive dismissal lawyer, the employee must show that they have been forced to resign by a situation that is beyond their control. Typically, this will involve a ‘poisoned’ work environment that makes it impossible to continue in the job. A ‘poisoned’ work experience may include anything that is not conducive to a good working relationship, such as harassment or discrimination. If you believe that you have been subjected to a ‘poisoned’ environment, it’s important to speak with a skilled Toronto employment lawyer as soon as possible.
Providing early legal advice can help you build the strongest case for your claims. Contact Bune Law today to schedule a free consultation with our experienced Toronto constructive dismissal lawyer. We will review the circumstances of your case, determine the strength of your claim and devise an appropriate strategy. We offer comprehensive and compassionate legal representation for both plaintiffs and defendants. We understand that wrongful termination is an extremely stressful time for everyone involved and we work hard to get our clients the compensation they deserve. Call us now to get started. Our offices are located in Downtown Toronto and we serve clients throughout the GTA. We can also provide telephonic consultations.
