CONSTRUCTIVE DISMISSAL LAWYER
Dealing with big changes at work? Feel like you have no choice but to leave your job? We can help.
Dealing with an unwanted demotion, relocation, or pay deduction? Are you facing harassment at work or feel like the environment is poisoned? If so, you may be able to claim constructive dismissal and leave your job. This would allow you to claim benefits associated with a termination (i.e. notice pay), and move on with your life.
Claiming constructive dismissal is very risky, so it is important to get legal advice before doing so.
Kompa Law provides experienced legal counsel to residents of Belleville, Kingston, Trenton, Quinte West, Prince Edward County, Cornwall, and surrounding areas. Contact us to learn more.
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Frequently Asked Questions
Constructive Dismissal.
Constructive dismissal happens in two circumstances:
→ Your employer fundamentally and significantly changes your employment without your consent
→ Your employer shows no intention to be bound by your employment contract
Examples of situations that would trigger a constructive dismissal include:
→ Demoting an employee
→ Reducing an employee's salary
→ Subjecting an employee to ongoing discrimination or harassment
This list is not exhaustive. There are also many situations that don't amount to constructive dismissal. If you claim constructive dismissal without facts to support it, you will not get any termination benefits. This is why it is crucial that you speak with a lawyer before trying to claim constructive dismissal.
There are many ways a lawyer can help you deal with a potential constructive dismissal. Some include:
→ Review the circumstances of your employment to determine whether or not there is a constructive dismissal
→ Help you leave your employer while preserving your ability to claim constructive dismissal
→ Send a demand letter to your former employer requesting damages for your constructive dismissal
→ File a constructive dismissal claim in court
→ If you don't have a constructive dismissal claim, help you advance your interests in a less risky way
You should contact a lawyer as soon as you have concerns about work. This will help ensure you do not take any missteps in asserting or claiming your rights. You have many options available to do this.
First, you can contact your local community legal clinic to find out about free services in your area. You can find more Information about local clinics here.
In addition to local clinics, there are many speciality clinics in Ontario. These clinics focus on helping specific individuals including Seniors, Black Canadians, people living with HIV & AIDS, and people living with disabilities. You can find more information about these speciality clinics here.
You can also contact the Human Rights Legal Support Centre (HRLSC).
If you'd like to work with a private lawyer, Kompa Law practices exclusively in Employment and Human Rights Law. We are well positioned to help individuals throughout Belleville, Trenton, Quinte West, Prince Edward County, Kingston, Cornwall, and Ontario. Please contact us for more information.
Big firm experience, small firm attention.
Dealing with challenges at work can be among the most stressful periods of your life. You don't have to do it alone. When you partner with Kompa Law you get the employment and human rights law expertise you would expect from a large firm with the personal touch of a sole practitioner.
From beginning to end Sam was kind caring and compassionate. She covered everything I needed to know and I always felt like her number one client. She is an excellent lawyer whose genuine sole purpose is to help you. I'm so glad it was her number I called and and would recommend her in a heartbeat.
When you enter a legal battle it’s very intimidating. What I found with Sam is a calm and directive approach, explaining each and every step along the way, from the time she spent with me to the end result. I would with zero hesitation recommend her, and will always appreciate how she helped.
This was my first ever time using an Employment Lawyer and Samantha was simply AMAZING!!! She helped me every step of the way and was totally trusting and reasonable. She worked hard answering all my questions and gave me thorough information on all my options. What a great experience.
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