An Employee avoids being Constructively Dismissed with the help of an Employment Lawyer at Franklin Law

After 12 years with her employer, a dedicated, frontline worker was suddenly disciplined, demoted, and stripped of her supervisory duties.  The employer was vague about the complaints that fellow employees had made against her and was unable to justify its harsh disciplinary response. After multiple attempts to inquire about the case against her and to object to the employer’s conduct, the worker scheduled a Consultation Clinic with Taylor Akin at Franklin Law.

After the Consultation Clinic, Taylor advised the worker about the law of constructive dismissal and informed her that her employer’s actions likely constituted a unilateral change in a fundamental term of her employment contract.

Because the worker was so fond of her job, she focused on trying to resolve the situation without resorting to litigation, and retained Franklin Law to contact her employer with a view to having her duties restored.  Taylor subsequently reached out to the employer.  In doing so, she explained that the employee was distraught and deeply hurt, not only because of the employer’s decision to discipline her and failure to adequately communicate with her, but also because the employer chose to mistreat the worker in that manner after 12 years of loyal service.

Happily, the employer finally took the employee’s concerns seriously, and the parties were quickly able to reach an agreement.  The employee was pleased that the situation had been resolved in a non-adversarial manner, and that she was able to return to the job and the clients that she loved so dearly.

This worker’s experience reinforces the reality that an employee’s ability to access justice, assert her rights, and secure a positive result, need not always involve litigation.  There are times when Franklin Law’s employment, human rights, and labour lawyers can intervene, clearly articulate a worker’s experience to an employer, and make reasonable requests to resolve a dispute quickly, without a worker incurring significant legal fees.

For more information about the non-adversarial ways in which Franklin Law’s employment, human rights, and labour lawyers might be able to help you with your workplace dispute, please click here.  For more information about Franklin Law’s discounted flat fee billing model, please click here. 

Constructive Dismissal, Human Rights, Wrongful Dismissal
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