Constructive dismissal occurs when the employer does not actually fire or terminate the employee. Instead, the employer makes significant and substantial changes to the employee’s contract or work (job duties), such that the contract has been negatively altered. The alteration to the employment contract is such that it is a different contract than the employee had been working under.

It may involve:
 

• a reduction in pay;

• reduction in hours;

• changes in responsibility (you may be demoted, or may no longer have direct reports); or

• an alteration of the nature and type of work being done.

When this alteration is put forward, the employee has to decide whether to accept the change, or whether to come to the conclusion that the change is a termination of the previous employment contract. In effect, the employee has been constructively dismissed.

 

​

Constructive Dismissal and Your Employment Contract

​

To assess whether the contract or employment has been so severely altered, there needs to be a thorough review and inquiry into the employment contract from the beginning of the relationship up until the time of the constructive dismissal.

The process requires an experienced Mississauga employment lawyer to work with the employee to complete this assessment. The act of notifying the employer that the employee is concluding that the contract has been destroyed and brought to an end requires the proper drafting of correspondence to that effect. Our Mississauga employment lawyers can assist you in creating this document.

 

Although there are some cases that require court proceedings to sort out what would be the proper notice and financial compensation that the employee should receive from the employer, an experienced Mississauga employment lawyer can often resolve the case through negotiation and sometimes, mediation.

 

For a no charge consultation, and if required an evaluation, assessment, options and legal opinion contact the Mississauga employment lawyers at DeRusha Law Firm.

​

​

​