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If you claim constructive dismissal you are entitled to the same amount of severance pay as you would have been entitled to if you had been simply terminated. The amount of severance pay depends on many factors, such as how long you worked for your employer, your age, your position, and your employability.
Demotion
If you are demoted, you may claim constructive dismissal. Your employer need not officially demote you in order for you to have a claim of constructive dismissal. If your responsibilities are significantly reduced, you have been demoted even if your employer does not officially demote you, and you may claim constructive dismissal.
Reduction in salary
Harassment
You are entitled to a workplace environment free of harassment. If your employer is harassing you or turning a blind eye to other employees harassing you, then you have a claim for constructive dismissal.
The Employment Standards Act BC codifies the amount of severance pay you are entitled to if you have been terminated without cause. This also applies if you have been constructively dismissed. However, the Employment Standards Act BC does not require as much severance pay as the Common Law requires. You are therefore better off suing based on Common Law than you are suing based on the Employment Standards Act BC. The Common Law entitles you to roughly 1 month severance pay for every year of employment.
Depending upon how you have been constructively dismissed, it is relatively easy to prove constructive dismissal in Vancouver.
For instance, if your income has been significantly decreased, your pay stubs or bank records will more than suffice. If you have been demoted, your employer will almost certainly have put the details of your demotion in writing – less decision making, authority, responsibilities, etc.. If you are experiencing a toxic work environment, you will need witnesses to confirm your experiences.
In the province of British Columbia in Canada, a toxic work environment is considered to be a form of workplace harassment, which is prohibited under the British Columbia Human Rights Code (HRC). According to the HRC, harassment is defined as any unwanted or unwelcome conduct, comment, gesture, or contact that is known or ought reasonably to be known to be offensive, embarrassing, humiliating, demeaning, or intimidating to the person or group of persons to whom it is directed.
This can include things like bullying, verbal abuse, physical abuse, sexual harassment, and discrimination based on a person’s protected characteristics (such as race, gender, sexual orientation, etc.).
It is also worth noting that under the Occupational Health and Safety Regulation, employers have a duty to take every reasonable precaution to protect workers from hazards in the workplace, including hazards related to bullying, harassment, and violence. Employers are required to take steps to prevent hazards and if hazards cannot be eliminated, to minimize their effects.
It’s important to note that the laws around what constitutes a toxic work environment can vary by jurisdiction, and it’s always best to consult with a legal professional for specific advice.
You must resign first if you wish to sue for constructive dismissal.
If you have been constructively dismissed in the province of British Columbia, Canada, there are several steps you can take to address the situation.
Here are some steps you can take:
It’s important to keep in mind that the laws regarding constructive dismissal can vary by jurisdiction, and it’s always best to consult with a legal professional for specific advice.
An employer in the province of British Columbia can take several steps to prevent a claim for constructive dismissal:
An employment lawyer can help you navigate the legal process and protect your rights if you have been constructively dismissed by your employer. Here are some reasons why you should consider hiring an employment lawyer:
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ABOUT VANCOUVER, BC BASED LAW FIRM SPECIALIZING IN LONG-TERM DISABILITY, PERSONAL INJURY, EMPLOYMENT LAW AND ESTATE LITIGATION.
At the law firm of Tim Louis and Company, we are committed to helping people through difficult times. Starting with a free consultation, we help people who need it most to get the compensation they deserve. Our practice includes Long-Term Disability, Personal Injury, Employment Law and Estate Litigation. With over four decades of experience, Tim Louis has helped people across British Columbia get legal help when they need it most.
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