Constructive Dismissal Resignation Process
If you feel that your work conditions have become intolerable and that your employer’s actions are a repudiation of a fundamental term of your employment contract, then you may have the grounds to quit. However, you need to act carefully to ensure that the circumstances around your resignation are legitimate. Otherwise, you could be seen as a resigning without another job lined up – and that can harm your future career opportunities.
Constructive dismissal is a legal term that applies to situations where an employee’s working conditions have been made intolerable to the point that they are forced to resign. In order to claim a constructive dismissal, an employee must demonstrate that the employer’s behaviour caused the intolerable working conditions, which in turn led to their involuntary resignation. The burden of proof is on the employee, which means that it is important to keep a detailed record of every incident and to document as much evidence as possible.
A number of different circumstances can lead to an intolerable working environment. For example, if you work in sales and your employer fails to provide sufficient training during a high-pressure organizational period and this results in staff making more mistakes, it can be considered to be intolerable. Similarly, if your employer has a history of discrimination and consistently refuses to address it, even after you have brought it to their attention, this could also be seen as intolerable.
Having to resign because of an intolerable working environment can have serious consequences for employees, including long-term career damage. For instance, it can make it difficult to find a new job since employers may question why you left one position for such an undesirable work environment. It can also create a black mark on your resume, which hiring managers may consider when reviewing your applications for other positions.
Understanding the Constructive Dismissal Resignation Process
In the event that you are forced to resign because of an intolerable work situation, it is crucial to consult an employment lawyer before taking action. They can evaluate your situation, provide advice on how to proceed, and ensure that your rights are protected during this time of transition.
The Law Society of Ontario’s Employment Standards Branch can help you file a complaint against your employer if they have violated the terms of your employment contract. They will also assist you with securing compensation for lost earnings.
If you do decide to pursue a constructive dismissal claim, it is important that you do so as soon as possible. This is because, in some cases, your employer will try to repair the breach and prevent a claim from being brought against them. For this reason, it is essential that you take proactive measures to protect your employment rights by seeking professional advice as soon as possible.
Taking these steps will give you the best chance of successfully navigating through a constructive dismissal case. If you’re considering pursuing a claim against your employer, speak to Daniel Badre, an experienced employment lawyer in Ottawa, for a free consultation about the matter.
