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I am seeking legal advice to confirm whether my situation qualifies as constructive dismissal and/or a toxic work environment. My hours and responsibilities in my current position have been significantly reduced without explanation or warning, while other employees have been given more hours and opportunities. It should also be noted I located a company policy that states “It is the policy of the company to counsel employees when their performance falls below their standard of performance.”however I have received have no write ups, verbal warnings, any type of disciplinary action, nor have I received counselling of any form. I have also experienced favouritism, exclusion from leadership duties, and inconsistent treatment by management. I would like guidance on how to proceed to protect my rights and ensure I am able to resign under protest, file a constructive dismissal claim, and apply for Employment Insurance benefits.

Thank you for your question.

A reduction in hours and responsibilities can be a constructive dismissal. However, it is not always. It is important to be careful here because treating a change as a constructive dismissal risks that you are found to have voluntarily resigned at law, with no entitlements to severance. You should only act after receiving detailed legal advice and carefully considered your options.

The answer to your question is a complex one that would require a full consultation with legal counsel. In a situation like this we would typically reserve an hour to speak and would ask that you send us all pertinent documents in advance for our review.

It is strongly recommended that you contact us at the number below for a consultation as soon as possible.
The Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-855-821-5900     Email: webquestions@stlawyers.ca     Web: www.stlawyers.ca
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