Employment Lawyers Providing Skilled Representation for Constructive Dismissal in Ottawa, Ontario

Employees who find themselves facing sudden and significant changes to their work environment, schedule or pay are generally unsure what they can do. In these cases, it may feel as though the employee’s options are limited; either accept the changes or resign and look for a new job. However, many people may not be aware that when an employer makes significant changes to the employment relationship, this may actually be a form of termination known as constructive dismissal. A finding of constructive dismissal can entitle the employee to compensation in the same way a finding of wrongful dismissal would. It is vital that any person whose role or benefits have changed drastically consult with an employment lawyer as soon as possible to determine whether they have a valid claim for constructive dismissal.

The employment lawyers at Champ & Associates have spent years advocating for employees who have been constructively dismissed and have earned a reputation for their first-rate litigation and negotiation skills. They provide clients at all levels of employment with effective and efficient resolutions for constructive dismissal claims in both the private and public sectors.

What is Constructive Dismissal & How Does it Differ from Wrongful Dismissal?

Constructive dismissal occurs when an employer makes significant unilateral changes to an employee’s working environment or other aspects of their job, contrary to the employment contract. In some cases, a single change may be sufficient to warrant a constructive dismissal claim if the effects of the change are serious enough to violate the contract or the employee’s rights. In other cases, it may be a series of smaller, ongoing changes that can amount to a successful claim.

Once constructive dismissal has been found, the available remedies are the same as they are for wrongful dismissal. An employee who has been constructively dismissed is entitled to receive termination pay and possibly severance pay in accordance with their length of service, their position, and other factors.

When Can an Employee Bring a Claim for Constructive Dismissal?

Many employees who find their employment untenable after the employer makes changes wonder whether they can bring a claim for constructive dismissal even if they voluntarily resign from their job. An employee can bring a claim for constructive dismissal after resignation; however, it is important for employees to exercise caution when considering resignation after a workplace change.

Constructive dismissal occurs when an employer changes or violates a fundamental aspect of the employee’s employment. If the change is not fundamental to the terms of employment or the working relationship, constructive dismissal has not occurred. Constructively dismissed employees may be entitled to compensation but an employee who has resigned is not entitled to compensation. Before making such a decision, employees should seek out the advice of a knowledgeable employment lawyer.

Contact Champ & Associates if you have been Terminated Without Cause

When a person’s job changes unexpectedly with respect to their responsibilities, compensation, commute or other significant change, it can be a very unsettling experience. Before making a rash decision that could have long-term financial consequences, employees in this situation should reach out to an employment lawyer to review their situation and receive comprehensive advice. The employment lawyers at Champ & Associates have a considerable background working with clients who have been constructively dismissed. They will take quick action to protect their clients’ rights and secure proper compensation. To discuss your matter in confidence, please contact the firm by telephone at 613-237-4740 or reach out online.