Can Constructive Dismissal Be Offered
Although volunteer workers are not employees in the traditional sense of the word, there is still a potential for them to become involved in employment issues that require legal action such as constructive dismissal. Constructive dismissal is a termination that occurs when the employer acts in a way that makes it impossible or incredibly difficult for the employee to continue working at their job. A successful claim for constructive dismissal entitles the former employee to severance pay and may also entitle them to damages for breach of contract.
In order for an employee to prove that their working conditions have deteriorated to the point of intolerability, they must provide evidence to support their claims. This could include written documentation such as emails, texts or voicemails, as well as witness statements. It is important that an employee seeks out the advice of a constructive dismissal lawyer as soon as possible, so that they can ensure all documentation is complete and they have met the required standard for proof of their claims.
It is also important to note that an employer must have a valid reason to change an existing employment arrangement. For example, it would be inappropriate to change a worker’s hours or location without a valid business reason that was communicated in advance to the employee. Additionally, if a work environment is found to be unsafe or dangerous, an employer can temporarily suspend their employees with pay and must provide them with notice of their suspension.
Can Constructive Dismissal Be Offered For Volunteer Workers?
As a result, it is vital that all non-profits take the necessary steps to be clear on the distinction between employees and volunteers. An up-front investment in the drafting of customized, enforceable employment contracts is worthwhile. This will help mitigate the risk of an employee taking a position at a different nonprofit that has not properly classified them as an employee, which can lead to problems including a wrongful dismissal lawsuit.
If an employee has been the victim of a constructive dismissal, they should file a complaint with the Small Claims Court or Superior Court depending on the amount of compensation they are seeking. A constructive dismissal case can be complicated, which is why it’s important to consult with a knowledgeable lawyer as early as possible.
If you or someone you know has been a victim of a constructive dismissal, contact our HTW Law office in Toronto. We have a team of experienced constructive dismissal lawyer ready to discuss your situation with you and to see how we can help. We are located conveniently in downtown Toronto and offer a free initial consultation. To get started, please call us or fill out our online form to schedule your appointment. We are available 24/7.
