Constructive
Dismissal
Constructive dismissal is a complex concept. Simply
put, it is a wrongful dismissal that occurs without the employment
contract being overtly terminated. It occurs when the
employment contract has been breached in a significant way
as a result of a change in the employment relationship. The
most common example is when an employee is demoted. In
some circumstances, the employment environment has become so
unbearable due to conditions put in place by the empoyer that
the Courts have decided that the employee was constructively
dismissed.
There are no exact definitions of what does or does
not constitute a constructive dismissal as each case depends
upon its own circumstances. As
well, and most importantly, a constructive dismissal
does not automatically entitle the employee to stop working. These
are complicated situations which should only be handled with
the benefit of legal advice. If you think you have been
constructively dismissed, consult a lawyer before acting.
What You Should Do
If you have been terminated, it is important to understand
your rights. So, it is vital that you speak
with a lawyer to help you decide what to do and
whether compensation and/or other entitlements are owed to
you. When an employer treats you unfairly, your lawyer can
represent you. It may just be a letter that is required
to get you the compensation you deserve. Or it may
require a lawsuit. Your lawyer will work with you to
find the right course of action given your unique circumstances.
Why
Choose Double Diamond Law
Experience - We
have extensive experience serving both sides of the employment
relationship. This includes representing
clients in Supreme Court actions and appeals before related
tribunals. We have drafted numerous employment contracts
for a variety of employment positions and companies, including
professionals, and the retail sector. Further, we have
handled numerous employment terminations involving senior
executives, professionals, and a variety of service workers.
Creativity -
Double Diamond Law Corporation understands how to find solutions.
We take great pride in finding a reasonable course of action
that treats all parties with respect. We strive to and
achieve favourable results without generating unnecessary animosity
or bad feelings.
Fee
Structure To Suit Your Needs - We find out from you
what budget is available and we will tell you what we can
do within that budget. In certain cases, we may offer contingency
fee agreements so that no fee is charged for our services
until after your case is resolved, and only if you collect
an award for damages and/or compensation. It
is about the flexibility to do what is right for you.
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