Constructive Dismissal Be Waived
The question of whether or not you can be deemed constructively dismissed by your employer is a complicated one, with the answer based on the circumstances. In general, however, to be considered constructively dismissed, there needs to have been a substantial change in the terms of your employment contract and you must feel that you were compelled to quit as a result of the change.
Typically, this will involve something that is very serious – and may even be unlawful – such as an unauthorized termination or a significant reduction in your pay. Moreover, you generally need to have tried to resolve the problem by raising it with management and you also need to have been left with no other option but to quit. If you did raise the issue but they refused to address it, then you are probably still within your rights to claim constructive dismissal.
It is important to note, however, that the minimum employment period required for making a constructive dismissal claim in court is 2 years and this must be continuous. Also, the law states that you must have tried to resolve the issue formally or informally with your employer and this has to be documented in writing.
Can Constructive Dismissal Be Waived?
In some situations, it can be possible to waive your right to claim constructive dismissal. The court will examine the circumstances and if they find that it is reasonable to do so, then you will be required to continue your employment until you have found a new job or been made redundant.
However, you should be aware that doing so could damage your ability to claim compensation for the loss of your wages and other benefits. In addition, if you are not careful, it can be easy to cross the line into unfair retaliation or breach of contract, which will not only undermine your claim for damages but could also damage your reputation and make it more difficult to find a new job.
If you do want to claim constructive dismissal, it is recommended that you work with a Toronto constructive dismissal lawyer as soon as possible. They are professionals who have handled numerous cases and will be able to guide you through the process. In addition, they will be able to assess the evidence you have collected and determine the best way to proceed.
An attorney will help ensure that all aspects of your case are addressed, including any potential legal violations in connection with your claim. This may include whistleblower laws if you have raised concerns over illegal activity, worker safety issues, sexual harassment or discrimination. In addition, they can examine your employment contract to see if there are clauses that protect you in the event of a wrongful termination. If you have a valid claim for constructive dismissal, an attorney can help you recover the full amount of your damages. Contact Achkar Law to arrange a consultation. Their lawyers are experienced in employment law and will take the time to review the facts of your case.
