Can Constructive Dismissal Claims Be Pursued Internationally?
Constructive Dismissal Claims Be Pursued Internationally
Getting constructively dismissed from a job can have profound consequences on an individual’s financial stability and their sense of professional pride. It can also have long-term effects on an employee’s health and well-being. This is because they may not be able to support themselves financially or may not have access to healthcare and life insurance benefits. Fortunately, there are legal actions available to help protect employees from unfair or wrongful treatment by their employer. A wrongful termination lawyer can explain an employee’s rights and options for taking action against their employer.
One of the most common ways in which employers can be found to have breached an employment contract is by creating intolerable working conditions that force their employees to quit their jobs. These conditions can include a significant change to an employment contract, the failure to address a grievance within a reasonable timeframe, and/or a significant reorganization of the work environment.
For example, suppose your manager reduces your salary without providing any explanation or justification for the decision and you have mortgage obligations to pay. You express your concerns and request clarification, but your manager refuses to offer any information. Eventually, you find that you can no longer sustain your financial situation and feel compelled to resign from your job due to the intolerable working conditions you are being subjected to. This could be a case of constructive dismissal and you should seek out the advice of a Toronto wrongful termination lawyer as soon as possible.
Can Constructive Dismissal Claims Be Pursued Internationally?
The most important aspect of a successful constructive dismissal lawyer claim is showing that you were forced to quit your job because of an unreasonable change to your employment terms. In order to demonstrate that, you must have resigned your job within a reasonable time after the employer’s breach occurred. If you continue to work for the employer, they may be able to argue that you accepted or acquiesced to the conduct and therefore waived your right to file a tribunal claim.
It’s critical to always attempt to resolve any issues through the employer’s internal grievance procedure before resigning from your job. Not only will this ensure that you have documentation to prove a breach of your employment contract, but it will also help you preserve the validity of any compensation claim against your employer. Leaving the company before trying to resolve any issues can result in the loss of severance pay, or if you’re seeking unemployment benefits from your local Jobs and Benefits office/JobCentre, it could delay your claims by up to 26 weeks.
It’s not uncommon for employers to try and avoid being sued for wrongful dismissal by blaming the termination on “voluntary” resignation. This is because they may not have a clear understanding of their obligations under the employment laws and regulations in your jurisdiction. An experienced wrongful termination lawyer will be able to review your situation and advise you of the best course of action moving forward.