• June 15, 2024

Can Constructive Dismissal Happen Due to Changes in Company Culture?

Constructive Dismissal Happen Due to Changes in Company Culture

If you’re working in a company with a culture that is difficult to work under, and you feel the need to quit your job as a result, you could have grounds for a constructive dismissal claim. Constructive dismissal is a form of termination that occurs when an employer alters an employee’s position, salary, or work environment without their consent. This essentially breaches the terms of their employment contract and creates intolerable working conditions that force them to resign involuntarily.

The definition of “intolerable” is subjective, and a lot depends on how your manager handles their conduct. If your employer is rude to you, insults you in front of other employees, or swears at you, this can contribute to a workplace climate where you are not comfortable. Similarly, if your employer fails to address complaints or negative feedback that you have raised, this can lead to a lack of trust and confidence in the workplace.

Typically, it is a breach of the term of mutual trust and confidence that is implied in every contract of employment. This is why it’s important to maintain a positive, respectful work environment. It is also important for your employer to respect your rights as an employee and provide you with the opportunity to resign if necessary. This is an essential element of your contract that your employer must meet in order to avoid a constructive dismissal claim.

Can Constructive Dismissal Happen Due to Changes in Company Culture?

There are several ways that your company can prevent a constructive dismissal claim. These include seeking consent from employees before making changes to their work contract, and providing reasonable notice of these changes. Additionally, ensuring that HR and management teams are regularly trained in legal compliance and employee rights will help to prevent unintentional breaches of employment contracts.

While these measures are important to maintain, if you have concerns about your workplace environment or believe that you’re being treated unfairly by your employer, then it’s time to seek the advice of a wrongful termination lawyer. Your wrongful termination lawyer can assess your situation and determine whether you have a case for constructive dismissal lawyer near me.

If you are struggling to support yourself financially due to your work situation, and are concerned that you may not be able to find a new job quickly because of the COVID-19 pandemic, then it’s crucial to speak with your wrongful termination attorney about the possibility of filing a constructive dismissal claim against your employer. This can allow you to secure severance pay or other types of compensation while your job search continues. Contact us today to get started. We can review your employment contract and workplace policies to help you determine if your employer has committed a breach of your employment contract. Our office is located in Toronto, and we serve clients across Ontario. We can also assist you with preparing severance packages and other contractual documents. Our lawyers are knowledgeable in all areas of Canadian employment law.

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