How Does Constructive Dismissal Affect Non-Compete Agreements?
Constructive Dismissal Affect Non-Compete Agreements
Constructive dismissal is a type of employment contract breach that allows an employee to end their employment relationship and claim damages. A constructive dismissal claims lawyer near me can help you understand the process and protect your rights.
The definition of constructive dismissal can vary depending on the specific facts in a case, but it generally involves an employer changing or attempting to change one of the fundamental terms of your contract with them. These changes can be to your compensation, your role and duties, or even your reporting structure. The changes must be such that a reasonable person in your position would feel that their essential terms had been substantially changed.
Moreover, the change must have occurred in a way that is inconsistent with your employment contract or at least was not accompanied by an offer of continued employment which was made in good faith and in respect of which you could reasonably accept. To demonstrate this, the court must look at the specific terms of your contract and ask whether the change you suffered was consistent with those specific terms and how they were inconsistent with those particular terms.
How Does Constructive Dismissal Affect Non-Compete Agreements?
You can also bring a claim for constructive dismissal if you believe that your employer has created intolerable working conditions for you that make it impossible to carry out your job properly and without undue stress or discomfort. This can include things like a lack of training or support during a company transition, or singling you out in team meetings for criticism or demeaning comments. This sort of behavior can damage your self-esteem and cause you to have a harder time re-entering the workforce after leaving your job.
In addition to these forms of inappropriate treatment, your employer can also breach your contract by refusing to pay you or failing to make other payments that are due under your contract. These kinds of issues can be particularly damaging in a constructive termination case as they will often reduce the amount of compensation that you can receive from a tribunal.
Finally, it is important to note that your employer must wait for a reasonable period before you can terminate your contract and claim constructive dismissal. If you do not quit within this period, the courts will likely find that you have acquiesced to the change in your employment terms and that you were effectively dismissed anyway.
If you are successful in bringing a constructive dismissal action, you may be entitled to damages such as severance pay, loss of earnings and lost benefits. However, bringing this kind of claim can be challenging. That is why it is important to consult an experienced Toronto constructive dismissal lawyer as soon as possible to discuss your options and get started with the process. Contact us today to arrange a free consultation.