How Does Constructive Dismissal Apply to Temporary Or Fixed-Term Contracts?
Constructive Dismissal Apply to Temporary Or Fixed-Term Contracts
When an employer creates intolerable working conditions, an employee may resign and file for constructive dismissal. However, claiming this can be complicated and it is important to understand the requirements of this claim before taking action. If you believe that your employer violated a state or federal employment law and forced you to resign, our experienced attorneys at JEWELL RADIMISIS JORGE LLP can evaluate your case and help you recover compensation for lost wages. Fill out the Free Case Evaluation form to your right for a complimentary consultation with one of our attorneys today.
To establish a constructive dismissal, you must prove that the changes made by your employer are so serious that a reasonable person would feel compelled to resign. Changes to your employment contract can include a decrease in pay, a move of work location or hours, a reduction in duties or responsibilities, reassignment to menial or degrading tasks, the use of favouritism, or the failure to make payments on time (such as vacation pay, overtime, salary). A breach of an implied term of trust and confidence is also sufficient grounds for a claim of constructive dismissal toronto.
The test to determine whether a change is severe enough to be considered a constructive dismissal has two branches: the first is objective and considers the employer’s perspective, while the second is subjective and looks at the effect of the changes on an individual worker. The first branch is much easier to meet than the second as any significant change to your employment contract must be considered to have met the test.
How Does Constructive Dismissal Apply to Temporary Or Fixed-Term Contracts?
It is also important to remember that your employer is not entitled to make any major changes to the terms of your contract without your consent. It is essential to seek legal advice before making any snap decisions or signing any documents that may unintentionally waive your rights to compensation.
A reasonable notice period is the amount of time that an employer must provide you with in order to allow you to find new employment. The length of notice will vary depending on a number of factors, including your age, the duration of your employment, and the availability of similar employment opportunities (i.e. the longer the duration of your employment, the more time you will need to find comparable work).
It is important for you to consult with a lawyer prior to any formal communication or negotiation with your employer to ensure that you are aware of all your options and have an idea of what a reasonable notice period should look like in your particular situation. It is also a good idea to keep all communications with your employer, such as emails and voicemails, in case the evidence is required to support your claim.
Once you have established that you were compelled to resign, you will be required to submit your resignation within the appropriate timeframe in order to be eligible for any severance pay or termination pay that you are entitled to. If you fail to do so, your claim will be dismissed.