Can Constructive Dismissal Claims Be Pursued After Employment?

Constructive Dismissal Claims

Although employment law requires employers to treat employees fairly and provide a stress-free work environment, this does not necessarily guarantee an employee’s right to bring a constructive dismissal claim. This type of claim is based on the assumption that an employer’s actions violate their contract with the employee. However, proving that this is the case is not always easy. This is why it is important for employees to pay attention to workplace incidents and speak to their superiors about their concerns. Taking proactive steps to address workplace issues may help pre-empt any breach of contract that could lead to constructive dismissal claims down the road.

In order to bring a constructive dismissal claim, an employee must have suffered a significant and serious breach of their employment contract that forces them to resign. In many cases, this occurs after the employer has made a fundamental change to a term or condition of the contract. Whether the changes are spoken or unspoken, it is up to the employee to prove that the breach was substantial and amounted to a constructive dismissal.

While a claim for constructive dismissal is not impossible to pursue after leaving your employment, it may be more difficult to prove in court. The burden is on the employee to show that they were forced to resign because of intolerable working conditions. For this reason, it is best to raise an issue with your employer before resigning. This can prevent them from arguing that the resignation was not due to intolerable working conditions, and it can also ensure that you have documented your efforts to try and resolve the matter.

Can Constructive Dismissal Claims Be Pursued After Employment?

If you are unable to resolve the issue with your employer and believe that they have caused you to resign, it is important that you contact an experienced Toronto constructive dismissal lawyer as soon as possible. Paulette Bune and her team will review the details of your situation, examine the terms of your written or verbal employment contract, flag potential problems, and discuss your options. They can then assist you with your resignation and help you file a constructive termination claim.

Depending on the circumstances, the team at Bune Law can also assess your duty to mitigate and assist you in making reasonable efforts to find new employment. This is especially important for those who are on a fixed term contract and want to avoid having their Jobseeker’s Allowance delayed.

It is important to note that while a breach of contract can be proven after an employee has left their job, it is generally easier to establish that a constructive dismissal has occurred when the repudiation is unambiguous and occurs either before the time for performance arrives (anticipatory breach) or when the actual performance of the contract begins (concrete breach). Therefore, employees should consult with a Toronto constructive dismissal lawyer as soon as they suspect they are being treated unfairly or have been forced to resign. This will give them the best chance of bringing a successful claim for constructive dismissal.

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