Filing a Constructive Dismissal Claim

The timeframe for filing a constructive dismissal claim varies depending on your jurisdiction, state, and type of work. In general, employees have around 12 months from the end of their employment to file a constructive dismissal lawsuit against their former employer. However, in some cases the length of employment may be extended by a judge or adjudicator, depending on the nature of your complaint.

The onus is on the employee to prove that their working conditions became intolerable and were a repudiation of an essential term of their contract of employment. It can be difficult to determine whether or not your workplace environment has reached this point, which is why it is important to pay attention to any incidents of intolerable workplace behaviour and seek out legal advice if you suspect that you may have a valid claim.

A successful constructive dismissal lawsuit will result in compensation that is designed to put the plaintiff in a similar financial position as they would be had they not resigned. However, it is important to note that the burden of proof falls on the employee to show that their employer acted in such a way as to cause them to resign. If an employee resigns without making a claim for constructive dismissal, the court will regard their resignation as an affirmation of the contract and they will be unable to pursue a breach of contract claim.

Timeframe For Filing a Constructive Dismissal Claim

Oftentimes, the most obvious signs of intolerable workplace behaviour are blatant, such as an employer refusing to give a reasonable amount of notice when they are terminating your employment. However, other examples of intolerable workplace behaviour can be less blatant and more subtle. For example, if your employer changes your hours without your consent to require you to work nights and weekends, this could make your working conditions intolerable.

Employees should always document any incidents of intolerable workplace behaviour and report them to their superiors. This will help to establish a record of the incident and give them the opportunity to resolve it before they have to consider leaving their job and filing for a constructive dismissal lawsuit.

In addition to seeking out legal counsel, employees should also look into other job opportunities while they are waiting for a remedy hearing to take place. If a worker is successful in proving their case for constructive dismissal, they will be awarded compensatory damages, including one and a half weeks pay for each year of service and six weeks if you are over 41.

Constructive dismissal is a serious issue that can have long-lasting negative effects on the well-being of a worker and their career. It is crucial that employees understand what constitutes a constructive dismissal and how to protect themselves in this circumstance. If you are experiencing intolerable workplace conditions, it is best to seek out a personal injury lawyer specializing in employment law matters for assistance. Daniel Badre is a trusted and respected personal injury lawyer in Ottawa, with decades of experience helping his clients find justice.