The law of constructive dismissal allows that an employee has effectively been terminated when their job has been significantly lessened, their income effected or many other variables such as perceived demotion or loss of status. Compensation may be available for these actions.
Whether a dismissal is constructive or actual, and whether or not this is actionable will depend upon whether the dismissal was for cause (the employee did something wrong and is deserving of dismissal) or not for cause.
Whether or not any notice period or any payment in lieu of notice period was given will have a dramatic effect upon entitlement to damages under this category or “head” of damage.
In the event that an employee is wrongfully terminated, the damages may go well beyond the loss of the expected notice period and may include costs such as moving, loss of employment during the course of a job hunt, and in some cases, long term loss of income by securing a new job for less pay.
There are many questions to ask.
Did your employer meet only the minimum legal requirements under the Employment Standards Act? Did you get an adequate severance package? Is it worth pursuing?
If you were “headhunted” or moved from another location to fill your position, are you entitled to a significantly larger severance package?
We can help you with the answers and would be pleased to offer a free consultation.