Remote Workers and Constructive Dismissal: Are You Being Forced Out Online?
- Hanna Kochehura
- Jul 22
- 7 min read
Updated: Aug 10
Most people would agree that the ability to work remotely is a mixed blessing. While many employees in Toronto welcomed the opportunity to get away from the office during Covid, people often had difficulties working at home. There were many distractions that made the work environment less appealing than people initially expected.
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The strain was just as great on employers, and managing remote work has been just as much of a challenge for them as it has for employees. There are a lot of grey areas regarding the challenges of quantifying work completed, and whether or not employees remain devoted to the company. For employees, they are sometimes left wondering if they are being pushed out of their jobs unrightfully.
Be sure to account for all possible factors
There are a lot of factors involved in supervisors’ ability to assess people's work. Rather than making hasty decisions, everyone involved needs to consider what constitutes remote work. If you do come to the conclusion that you need to seek new employment - either in Toronto, or remotely - check out job offers on Jooble. Alternatively, you might want to check out some great small business ideas from home.
What is the culture in your company?
The first consideration is what the culture in your company is overall. In some companies, it is perfectly normal for employees to work remotely, and employers have established mechanisms for monitoring work output. In other cases, working remotely can go against the accepted company standards for various reasons - employers might value in-person teamwork more, they might want to have greater direct control over individual output, etc. This is the first thing you need to establish.
How visible do you need to be?
The extent to which you need to be physically “visible” is an important factor in your job stability. This depends both on your individual company, as well as your position, and your relationship to your colleagues. If, for example, you are a team leader and have a job that requires you to work closely with others, it might not be to your advantage to work remotely.
If, on the other hand, your job is one that doesn’t require a lot of personal interaction, it may be the case that working independently and potentially away from the office won’t damage your relationship with important colleagues. You need to figure this out by discussing it with your supervisor.
Company performance management standards
Another consideration is the way your company is set up to monitor employee performance. To have a secure remote setup, a company should have established procedures for assessing employee output. If you have a customer service-related job and are spending a lot of time at home, it can be very difficult for your supervisors to assess your company performance if they don’t have established mechanisms for doing so.
If you have a data entry job, your output will be easily quantifiable and therefore your output should be easy for supervisors to measure. If your company and your position is not defined in terms of the precise data that you produce, then you should either discuss this with your supervisors, or perhaps think about moving to a different company.
The overall job market
You should always be wary of the larger job market and how precarious it might be. If people are starting to lose jobs in general, this may be cause for concern. You should keep a keen eye on job trends, and your industry in particular because other companies’ patterns could affect your own. Keep an eye on the following factors:
Whether or not companies tended to overhire during particular periods. If this was the case, then they might need to downsize later on.
The start of restructuring efforts. If this starts to happen, employers will start looking for ways to reduce costs and streamline operations.
The inclusion of automation. This can also be a potential concern as many jobs are now becoming automated. Everything from finance to customer service is now using technology that eliminates the need for human effort.
Warning signs
It is a good idea to keep your eyes open for warning signs that your job might be at risk. Even if you work remotely, there are things you can look out for that can give you an idea of whether your job might be at risk.
Look for the following warning signs:
Exclusion from group correspondences. If you were once part of a lot of group emails and meetings, and you suddenly find yourself cut off from them, this can be a major red flag. It could mean that your supervisor doesn't think you are sufficiently engaged to take part in group discussions, or they could be giving you signals that you are on your way out.
Increased lack of communication from your supervisor. If your supervisor stops responding to your messages or in other ways starts to seem distant, it could mean that you are falling off their radar.
Higher level of micromanagement. Conversely, if your boss starts micromanaging your behaviour, it could be a signal that they are not satisfied with your performance and want you to step up your efforts.
What can you do?
The most important question is what you can do to help yourself if you think you are being pushed out. While it is important to determine whether this is really the case, and whether you might be acting prematurely.
On a general level, you should make efforts to maintain solid communication with your supervisor and others. Also, be sure to illustrate and document your productivity in a quantitative way and one that corresponds with your job description. If you still face issues after a significant period, then you should consider taking legal measures.
File a constructive dismissal claim
If you really feel that you are being wrongfully treated in your job, you may be able to file a constructive dismissal claim. Constructive dismissal claims apply when people feel that their work environments have become hostile or inappropriate to the point where they feel they must resign.
This requires careful action and wording, however. You need to be able to prove that your employer has fundamentally breached your contract and that you have no other option than to resign. And if you do come to this conclusion, you should seek new employment as soon as possible. Regardless of your field, there are a lot of jobs out there. You can even find remote options for lawyers online quite easily.
Steps to take in filing a claim
To maximize your chances of filing a successful claim, you should take the following steps:
Keep thorough documentation of anything that can support your claim. This includes correspondences, attempts to communicate, negligent or belligerent actions taken by your supervisor, etc. Try to keep a chronological record of the change in your relationship. The more evidence you have, the better.
Talk to a lawyer. You should definitely consult a lawyer about the details of your claim. Even if you keep very thorough records, there may be critical legal points involved that only professionals can determine. A lawyer can tell you with more precision whether or not you have a valid case.
Try to determine whether your company has its own policy. Before you prepare yourself for an external court case, it is best to figure out whether your company already has a mechanism in place for expressing grievances. Talk to your HR department about this.
Look into the possibility of a stop bullying order. These orders do exist and they are a formal part of the workplace. If you can prove that you have been bullied, you may be able to obtain one. With this, too, adequate documentation is key.
Consider getting the support of your union. If you are part of a union, see if you can take advantage of their support. This is the reason for their existence, of course, and although they cannot legally address every adverse situation, it may be possible that they can help you.
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Take the time to assess your whole situation
Beyond this, you should have a certain amount of patience with the time necessary to complete the process. If you act rashly, you might not have sufficient evidence to support your claim and your efforts could backfire. You also might risk misinterpreting a situation that is not necessarily that bad. So take the time to assess things carefully and make sure that you are going about the claims process correctly.
Conclusion
In Ontario, "constructive dismissal" can happen when an employer makes significant changes to your job without your consent, essentially forcing you to quit. For remote workers, a sudden demand to return to the office could be considered constructive dismissal, particularly if working from home has become an established part of the job.
Whether a return-to-office mandate constitutes constructive dismissal depends on factors like your original employment agreement and how long you've been working remotely. If remote work has become an implied term of your employment, your employer can't unilaterally change it without potentially triggering a constructive dismissal claim. This could entitle you to severance pay and other compensation. It's crucial to get legal advice to understand your rights before you resign.
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You may want to consult with an experienced employment law firm, such as HTW Law, to learn about your employment law rights in case of workplace harassment, constructive dismissal or discrimination to ensure that your rights are fully protected. By doing so, you can ensure that you receive fair compensation for the actionable discrimination and safeguard your employment rights.
With the right legal support, employees can navigate the challenges of unfair practices and work towards a more equitable and respectful work environment.
You don't have to fight the battle alone. Speaking with an employment lawyer who is familiar with the laws and intricacies regarding remote work, workplace harassment and discrimination will go a long way. If you are in doubt, it's essential that you reach out for help as soon as possible right away.
Click here to contact HTW Law - Employment Lawyer for assistance and legal consultation.
Author Bio:
Sarah Ludwig (aka Hanna Kochehura) has been an avid writer since her school days. Her work has been published on numerous sites across the internet.
