Don’t Quit Yet! You Might Have a Constructive Dismissal on Your Hands!
Your boss has reduced your work week by 10%.
Your employer has demoted you to a lesser role.
Your workplace is toxic and you face regular name-calling from your coworkers and unnecessary discipline from your supervisor, and your human resources department is not willing to do anything about it.
You were hired to work regular hours Monday to Wednesday, but you’ve been reassigned to work evenings Friday thru Sunday without notice or say.
Your boss tells you in two weeks, you’ll be working at a new location on the other side of the country.
Any of these situations would make any employee consider quitting their job. But, before you do: contact an
employment lawyer. You may be facing a constructive dismissal and owed severance as a result.
What is a Constructive Dismissal?
Constructive dismissal occurs when an employee finds themselves in a situation when their employment terms have fundamentally changed, without notice nor their consent; and/or their workplace is toxic or inhospitable.
Fundamental changes in your employment – include for example, a drastic change in location, responsibilities, hours, and/or wages – which may force you to quit and find employment elsewhere. Or, bullying, harassment, and lack of accommodations may contribute to you experiencing a hostile workplace and make you want to leave.
In short, a constructive dismissal is when your resignment is actually more like a termination: your employer just got you to “fire” yourself. If your situation is deemed a constructive dismissal, you can be afforded compensation for your essentially-forced resignation.
You will be able to resign from your job and be paid severance through a wrongful dismissal claim.
This Sounds Like My Situation: What Do I Do?
If you were hired to work under a certain set of conditions, and now your employer is fundamentally changing those to the point where you feel forced to look for new employment, you should speak with an employment lawyer to ensure that you don’t give up any of your rights to severance or other damages.
While your employer does have the right to manage their workplace through changes and tweaks to their employees schedules, responsibilities, and workloads, you as an employee have the right to work in a safe place and do the job for which you were originally hired for. Balancing these two entitlements is a complex situation, which is why seeking the help of an employment lawyer is essential before resigning.
Let us relieve some of the pressure you are feeling to quit by letting us assess if and how you should resign under a wrongful dismissal claim. Call or email our firm directly and set up a time to speak with one of our employment law specialists.