How Does Constructive Dismissal Affect Unemployment Benefits?
Constructive Dismissal Affect Unemployment Benefits
In the United States, most jobs are at-will, meaning that either party can terminate the employment relationship at any time. However, your employer cannot fire you based on illegal discrimination or harassment and they are limited in their ability to force you to leave by making working conditions intolerable. If you are forced to quit a job due to these kinds of situations, you may be able to file a claim for constructive dismissal. It’s important to speak with an experienced wrongful termination lawyer about your situation to learn more about your legal rights and what options you have for redress.
Constructive dismissal is a legal term that refers to an unfavourable change in the major aspects of your job that makes it impossible for you to continue in your role. Changes that typically rise to the level of constructive dismissal include reduction in pay, significant changes to your job duties, demotions and changes in reporting relationships. These types of changes can have devastating consequences for your career and financial stability, particularly if you are older or have family and mortgage commitments.
While it’s difficult to define exactly what constitutes a “significant” change, every case is assessed on its own merits and the court will consider whether or not the changes were severe or intolerable. For example, minor adjustments could be deemed acceptable such as introducing new technology or software in the workplace. Changes that are based on business necessity or are consistent with past practice, such as a shift in office locations or a restructuring of departmental staffing, also may not be considered a constructive dismissal.
How Does Constructive Dismissal Affect Unemployment Benefits?
If you believe that your employer has acted in a way that forced you to resign, you may be entitled to severance pay and/or damages for loss of income and benefits. This amount will be determined by the tribunal and is based on a number of factors including your age, experience and how long it would take you to find alternative work. You will also be required to demonstrate that you have made reasonable efforts to mitigate the effect of the changes on your employment, such as actively looking for new work.
It’s important to note that you must have 12 months of continuous service with your employer in order to bring a constructive dismissal lawyer claim. However, this requirement can sometimes be waived where there are exceptional circumstances that prevented you from bringing the claim within this time period. To discuss the specifics of your situation with an experienced wrongful termination lawyer, schedule a free consultation. We can help you determine whether or not you have a case and how it could impact your unemployment benefits. You can contact our offices in Toronto and London or fill out the online form to set up your appointment. We can help you get the compensation you deserve.