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Ludwig and Bergonio entered into a written agreement whereby Bergonio provided full-time live-in child caregiver services and housekeeping services for Ludwig and her family. On April 19, 2012, Bergonio sprained her
ankle while working. Ludwig (plaintiff) mandated that Bergonio (defendant) report for her job on Monday, April 23, 2012 after Bergonio had reported several times that she was unable to work. Bergonio's inability to work was confirmed by a physician's report. By insisting that Bergonio work on Monday, Ludwig fundamentally breached the employment contract. Bergonio accepted the breach by resigning, and that constituted a constructive dismissal. Furthermore, Bergonio's personal health and safety was in danger if she continued to work. As a result, she was not required to give the minimum notice under the Employment Standards Code. Bergonio was not liable to pay any damages to Ludwig.