What you need to know about forced resignation in Canada
If an employer lets you go from your position of employment, they are required to pay you a certain amount of severance pay depending on how long you worked for the company. If you quit, on the other hand, the employer has no such obligation. For this reason, some employers may be tempted to try and force employees to quit rather than fire them. This forced resignation – or constructive dismissal – may be challenged by the employee in court and if it is deemed that the resignation was in fact forced, that employee is entitled to the same compensation they would be as if they were fired. Hence, if you feel you were forced out of your job, it is very important to speak to an employment lawyer as soon as possible.
What is forced resignation?
Simply put, forced resignation is when an employee decided to quit their job because there have been significant negative changes to their employment conditions or because the employer has created a toxic work environment.
If you have been forced to leave your job due to these reasons, you may be able to take legal action and seek full severance from your employer. The amount of severance that you may be eligible for depends on a variety of factors including the position you worked in, your age, and years of service.
What employment changes might constitute forced resignation?
There are several circumstances that may occur at a place of work that may qualify as forced resignation. For a claim to be legitimate, changes made by the employer have to be both significant and negatively impact the employee’s job. These changes may either be through changes that the employer makes that breach the employment agreement or actions made by the employer that contribute to or cause a toxic work environment.
These changes may constitute forced resignation even if that was not the employer’s intention.
Some examples of what might constitute a forced resignation include:
- A reduction to the employee’s pay.
- A significant change to the work location.
- A demotion.
- A significant and negative change to the employee’s working hours.
- Harassment or abuse.
- A temporary lay-off that violates the employment contract.
Condonation of change by the employee
It is important to note that if an employer makes changes and the employee continues to work under the new conditions for an extended period of time, the court may view this as the employee agreeing to the new terms. The employee must decide within a “reasonable” amount of time whether to accept the new conditions or leave – and what is considered reasonable by the court will depend on the individual circumstances.
This makes it important to speak to an employment lawyer as soon as you think your employer may be trying to force you to resign.
Contact Minhas Lawyers today
If you think that your employer may be trying to force you to resign or if you have recently quit your job due to significant and negative changes in the workplace, you may be entitled to severance pay. Contact Minhas Lawyers today for a consultation with one of our employment lawyers.
We can help you determine if it was a forced resignation, review your options and help ensure that your rights are protected.
Give us a call today!
Minhas Lawyers LLP is a multi-practice law firm based in Mississauga. We advise and represent clients across various segments and practice areas.
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