Constructive Dismissal Issues
Constructive dismissal occurs when an employee leaves a job because the employer’s conduct makes it difficult or impossible to stay. A constructive dismissal can be caused either by a change to the job or by mistreatment. When employees are constructively dismissed, they are entitled to the same compensation they would be entitled to in a normal termination or wrongful dismissal. This usually means notice or pay in lieu of notice.
At Rousseau Mazzuca LLP our knowledgeable employment lawyers provide exceptional legal advice and representation for constructive dismissal issues. We can assist you in ensuring your rights are protected. We are empathetic and compassionate, but will assertively fight for you when necessary.
WHAT IS CONSTRUCTIVE DISMISSAL?
Not every change in your job will be considered a constructive dismissal. The change must be fundamental to the terms of employment. A significant demotion is a fundamental change. A major change to the employee’s responsibilities, compensation, or location of work can also be a fundamental change.
Mistreatment, such as bullying, sexual harassment, or racial discrimination can also result in constructive dismissal. The mistreatment might be one serious incident or a series of smaller incidents that have a cumulative effect.
Sometimes, the employer’s aim in making changes or mistreating the employee is to push him or her to quit. Constructive dismissal does not require this intent by the employer though. The key is whether a reasonable person would leave under the circumstances.
In order to claim constructive dismissal, the employee must take some action. If the employee does nothing, he or she is considered to have accepted the change or the mistreatment. It is important to take action, or at least to object, quickly.
