Constructive Dismissal Affect Unemployment
Many people quit their jobs for a variety of reasons. Sometimes, life circumstances change, or the job simply isn’t a good fit. However, sometimes employers can make the working environment so intolerable that an employee is forced to quit and cannot find another job. This is called constructive dismissal and can be a form of employment discrimination. If you have recently quit your job and believe you may be a victim of constructive discharge, it’s important to contact an experienced employment lawyer right away.
In the United States, unless you are employed under a formal contract with a company, employment is generally considered “at will.” This means that your employer can terminate your employment at any time for any reason, or no reason at all. If you were a victim of constructive dismissal, you may be entitled to compensation for your losses. In order to claim unemployment benefits, you must have quit your job voluntarily for “good cause”—a high standard that typically makes it difficult to qualify.
It is also important to note that your rights to sue for constructive dismissal are limited by the statute of limitations. This means that you must file your case within a reasonable amount of time after your resignation to preserve your rights. The exact statute of limitations varies by state, but it is usually around two years from your date of termination.
How Does Constructive Dismissal Affect Unemployment Benefits?
To be able to sue for constructive termination, you must prove that your workplace conditions were so intolerable that you were forced to quit. This is a difficult standard to meet, and it is important to have the support of an experienced employment lawyer. You must be able to demonstrate three major elements to win a constructive dismissal case:
One common example of constructive dismissal is when an employer changes a work-related requirement in a way that is unreasonable. For instance, an employer may suddenly change the deadline for completing certain tasks. This is a direct violation of an employee’s reasonable expectations, and it can be grounds for constructive dismissal.
Another way that an employer can be found to have acted improperly is by engaging in a pattern of conduct that is intended to damage the relationship between the employer and employee. This can include actions such as bullying, retaliation, and sexual harassment. This type of behavior is a clear breach of the implied term of trust and confidence in any employment contract.
If you have a valid claim for constructive dismissal, you may be entitled to severance pay and other compensatory damages. A Toronto Constructive Dismissal Lawyer at Benjamin Law can help you understand your legal options and determine if your situation is eligible for this type of compensation. In addition, we can assist you in negotiating your settlement. Many of our clients are able to obtain a successful resolution through this process. To get started, contact our office today. We offer free initial consultations.
