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job duties lead to constructive dismissal

Changes to work environments are commonplace, but not all changes are created equal. Some can be reasonable and even expected, while others can be deemed as a violation of an employee’s rights. In many instances, if an employer makes significant changes to an employee’s job duties or workplace environment and the employee believes that they are pushed out of their role, they may file a constructive dismissal claim against their employer.

Generally speaking, the changes that can qualify as constructive dismissal must be extreme and severe to warrant the filing of such a claim. Moreover, these changes should not have been made unilaterally and without the employee’s consent. As a result, it is often beneficial for employees to seek legal counsel if they believe their employer has breached an employment contract or discriminated against them in some way.

Some actions that can be considered a breach of an employment contract and/or discrimination include reducing an employee’s wages or compensation, overhauling their commission structure, making significant adjustments to their bonus program, and changing the way in which they calculate salaries and bonuses. In addition to these actions, other forms of a breach can include reducing the number of available jobs, altering job titles and responsibilities, or implementing a layoff process.

Can a change in job duties lead to constructive dismissal?

While it is possible for a change in an employee’s job duties to qualify as a constructive dismissal, it must be argued that the change was so severe that the employee felt they had no choice but to resign as a result of the intolerable working conditions. In order to prove this, employees will have to demonstrate that they found the changes to be unreasonable and disproportionate, which requires the input of a skilled employment lawyer.

Employers can avoid a constructive dismissal lawyer claim when they consult with their employees before making significant changes to their work environment. This can be done through a variety of means, including formal meetings, written notices, or even emails. Moreover, employers should ensure that they clearly communicate the reason behind any changes and ensure that any disagreements are resolved amicably.

Furthermore, constructive dismissal lawyers often assist in mediating disputes between employees and employers. Mediation is a form of alternative dispute resolution that seeks to resolve conflicts without the need for formal litigation. Lawyers skilled in mediation can facilitate discussions, help both parties understand each other’s perspectives, and work towards mutually acceptable solutions. This can be particularly beneficial in maintaining professional relationships and achieving faster resolutions.

An experienced employment lawyer can provide invaluable guidance for both employees and employers who are facing a constructive dismissal scenario. They can assist with assessing an employee’s rights and entitlements, negotiating settlements and/or taking legal action where necessary. For more information, speak to an Achkar Law employment attorney. Our Toronto constructive dismissal lawyers will provide expert advice and representation, ensuring that your rights are protected and that you receive the justice you deserve.

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