Can Constructive Dismissal Claims Be Filed Anonymously?

Constructive Dismissal Claims

Generally, employees are employed in an at-will employment relationship, which means they can be terminated by their employer at any time without cause. However, there are some exceptions to this rule. For example, if an employee is the victim of illegal discrimination or harassment, an employer isn’t allowed to fire them for these reasons. Instead, they must find another way to get the employee to leave their job. This is where constructive dismissal comes in. Constructive dismissal is a term used to describe a situation in which an employer creates intolerable working conditions, forcing the employee to quit their job. This type of wrongful termination can lead to serious financial consequences, including lost wages and benefits.

The circumstances that qualify as a constructive dismissal can vary, but it typically involves significant changes to a workplace environment or working conditions that make it intolerable for the employee to continue working. This can include a change to the terms of an employment contract, such as a reduction in salary, significant changes to important job responsibilities or a demotion that is unwarranted. It may also include a hostile work environment, such as harassment or bullying by a coworker, that is so severe the employee finds it impossible to remain at their job.

It’s important to understand that it’s normally the employee who makes the first move in a constructive dismissal claim. This is because the actions that trigger a constructive dismissal are often subtle or happen over a period of time and may not seem so severe when viewed in isolation. Additionally, in order to bring a constructive dismissal claim, the employee must have informed their employer of the intolerable working conditions.

Can Constructive Dismissal Claims Be Filed Anonymously?

For example, Jane worked as a marketing representative at a local firm for over three years until she began to notice that her manager was constantly berating her and making derogatory comments about her work performance. Although the criticism was initially minor, it eventually started to have a negative impact on her mental health and motivation at work. As a result, she decided to quit her job and bring a constructive dismissal claim.

While it is possible for an employee to be successful in a constructive termination claim, it’s a complicated legal process and must be done within the appropriate time frame. For this reason, it’s recommended that those who believe they have been constructively dismissed seek the assistance of an experienced wrongful termination lawyer as soon as possible.

If you are experiencing difficulties at your place of employment, please contact Achkar Law today for a free legal consultation with an experienced Toronto constructive dismissal lawyer. We have a proven track record of helping employees and employers navigate their employment-related issues and provide sound legal advice. Call us today to learn more about how we can help you. We also serve clients across Ontario. We can discuss your situation over the phone or via Skype or FaceTime. You can also book an appointment online.