job responsibilities impact wrongful dismissal claims
When an employee is fired from a job, it can be a traumatic event. However, it’s even more traumatic when the reason for their dismissal violates employment law. Fired for wrongful reasons, an employee can file a lawsuit against their employer to recover damages. In addition to severance pay, an employee may be awarded compensation for lost opportunities and emotional distress as a result of their termination. Wrongful dismissal Toronto attorneys can help clients navigate the legal process of claiming these damages.
An employer is generally allowed to terminate an employee in Ontario without cause, but they must give their employee adequate notice before firing them or provide them with payment in lieu of notice. This is the standard requirement under the Employment Standards Act. The amount of notice an employee is entitled to is based on the duration of their employment. If an employee worked many years with their employer, they are often owed a substantial sum in compensation for their unjust termination.
Employers must also abide by laws regarding discrimination in the workplace and other workplace practices. They are prohibited from firing someone based on their race, religion, gender, national origin, sexual orientation, and other features that are simply part of who they are. If an employer fires a high-performing employee based on these reasons, they can be sued for wrongful dismissal.
How does a change in job responsibilities impact wrongful dismissal claims?
The last line in many job descriptions states that an employee must be willing to undertake additional duties as assigned. Managers may be required to change an employee’s responsibilities as a result of business changes or due to unforeseen circumstances. Whether such an action constitutes constructive dismissal or not depends on the specifics of each case.
Aside from statutory exceptions to at-will employment, most employment decisions are made in accordance with at-will laws. This means that the employer is free to decide when, how and why an employee is fired. However, they must do so in a fair and reasonable manner.
If an employer changes a worker’s responsibilities in such a way that they are unable to complete their work to an acceptable standard, the employee could file a claim for constructive dismissal. The burden of proof in a constructive dismissal claim is higher than it would be for wrongful dismissal toronto. In order to be deemed unfair, the change must be (1) a significant change and (2) that it was not foreseeable that the significant change would be made.
If an employer is able to prove that the significant change was a necessary and ordinary business adjustment, they can avoid a constructive dismissal claim. During the termination meeting, it is important to clearly communicate the reasoning for the change. This is the only way to reduce the likelihood that an employee will sue for wrongful dismissal. However, this does not guarantee that the employee will be able to successfully claim severance and other damages.
