Wrongful Dismissal and Constructive Dismissal

An employee whose employment is being terminated by the employer may have legal rights, including notice of termination or severance payments. When these rights are not being addressed adequately at the time of termination, the employee may have a wrongful dismissal claim against the employer.

An employee may have similar legal severance-related rights in other circumstances. When a fundamental term of employment is being changed by the employer without the employee’s agreement or knowledge, for example, the employee may have a constructive dismissal claim against the employer.

Whether or not there is a wrongful or constructive dismissal claim, and what such a claim would entail, a careful review of all the relevant events, documents, and discussions between the employee and the employer would be required.

For employers, to avoid being entangled in costly and protracted disputes, carefully reviewing and assessing all relevant considerations – legal, business, and practical – prior to making a major decision regarding an employee, could save significant costs.

For employees, it is almost always advisable to have an in-depth discussion with an employment and workplace lawyer regarding your unique employment circumstances, to determine your legal entitlements, options, and best course of action.

At Lee Workplace Law, we are experienced in prosecuting wrongful and constructive dismissal litigation for employees, as well as defending such litigation for employers. Our depth and ability in providing insight from the perspective of both sides of the lawsuit adds strategic value to the client.

Our approach is tactical, always with a clear strategy that is client-focused, and cost-effective. Clients are involved throughout, and informed of updates on a timely basis. Contact us today to discuss your legal needs.