burden of proof for constructive dismissal claims
As with any lawsuit, the burden of proof for constructive dismissal claims is on the employee. This means that employees will have to collect and organize all evidence of their employer’s poor behaviour or intolerable work conditions. They will also have to prove that their employer’s actions were a fundamental breach of the employment contract. In order to be considered a fundamental breach, the employer must make a significant and unilateral change to one of the essential terms of the contract. This includes things like salary, benefits, severance package, hours of work, job responsibilities, reporting functions within the company hierarchy, working conditions, and so on.
While it is easy to see why an employer might make a significant change to the essential terms of a contract, not all such changes are automatically constructive dismissal. In order for a change to be considered a constructive dismissal, it must also substantially and significantly alter the employee’s workplace experience. For example, a disagreement over the way that a bonus formula is calculated does not constitute constructive dismissal because the clause was not stipulated in the employment contract.
In addition, for a claim of constructive dismissal to succeed, an employee must show that their employer knew or should have known about the intolerable working conditions and failed to take reasonable steps to correct them. This is a difficult test to meet because it can be very difficult for an employer to be aware of poor workplace conditions when they are in the middle of a busy and stressful work environment. It is therefore important for an employee to report any problems with their working conditions as soon as possible in order to give their employer a chance to fix them before they quit and claim constructive dismissal.
What is the burden of proof for constructive dismissal claims?
For an employee to be able to quit and claim constructive dismissal, they must have done so within a reasonable period of time following the employer’s fundamental breach. This is because if an employee waits too long before they quit, they will be considered to have acquiesced and accepted the employer’s breach of the employment contract.
In many cases, it will be easier for an employee to resign and claim constructive dismissal if they are in the middle of an ongoing dispute with their employer over a serious issue such as harassment, abuse, discrimination, or a risk of physical injury. However, it is important for an employee to consult with a constructive termination lawyer in Toronto to determine whether the situation is truly intolerable and if quitting is the best option for them.
Employees should always seek professional advice before making any major decisions regarding their employment, especially if they think that they might be entitled to severance pay or a constructive dismissal claim. In some cases, it may be better for them to file a complaint with the Equal Employment Opportunity Commission (EEOC) and see how their case progresses before they decide to resign from their job and reclaim their rights.
