Constructive dismissal notice period?

Constructive dismissal notice

When an employer makes significant changes to their employment contract that they know are likely to cause the employee to quit, the worker may be able to make a claim for constructive dismissal. This is a legal claim which can include a claim for severance pay and compensation. If you believe that your employer has made significant changes to your contract which are likely to make you quit, it is important to seek legal advice before resigning.

In order to be entitled to a claim for constructive dismissal you must have been entitled to continue working under the original contract and it must have been made unreasonable to work under the new terms. There are a number of issues that can cause you to feel this way including a change in job role, a reduction in salary, a requirement that you relocate to another area of the country and a variety of other changes.

You should always try to resolve an issue informally before making a formal complaint and trying to bring a constructive dismissal claim to tribunal. In many cases this will involve a meeting with a senior manager or HR representative. This is where you can explain your position and ask for the situation to be rectified. It is also worth noting that if you sign a settlement agreement then you cannot make a constructive dismissal claim at tribunal.

Constructive dismissal notice period?

It is also important to be clear about your reasons for leaving in your resignation letter. You should be able to cite the significant changes or incidents that you believe have caused you to feel this way. This will help to strengthen your case and show that you have not resigned simply because of financial issues.

The length of the reasonable notice period will depend on a number of factors including the age of the employee, the length of their current contract and the availability of similar employment in the locality. In general a higher level of employee is likely to have a longer notice period than a lower level (e.g. a Vice President will have a longer notice period than a fast food cashier).

If your employer has changed the terms of your constructive dismissal lawyer contract and you haven’t accepted them or resigned within a reasonable time frame then you are likely to be considered to have acquiesced to the changes. If you haven’t been able to find similar employment then you will be required to work the notice period of your contract before being able to leave.

A Toronto Constructive Dismissal Lawyer can help you determine if you have grounds for a claim and can offer advice on how much notice you should give your employer to be able to terminate your employment. Contact Bune Law today to book a consultation with one of our lawyers and discuss the strength of your case.