Define Constructive Dismissal

Define Constructive Dismissal

In the workplace, an employer can legally dismiss a worker through constructive dismissal. This occurs when an employer creates intolerable working conditions that force the employee to resign. This type of action is typically a form of unlawful retaliation, and can be considered a breach of the employee’s contract or wrongful termination.

Determining whether or not a working situation is intolerable can be difficult, especially because most of the factors that lead to constructive dismissal occur over an extended period of time. It is important for workers to understand what constitutes constructive dismissal so they can protect themselves and take the appropriate steps if their employer does not meet the legal standards.

A few of the most critical signs of constructive dismissal include an abrupt change in work responsibilities, changes to important aspects of the job duties or responsibilities, reduced compensation and benefits, demotion, and a relocation to a different work location. All of these actions can make it unbearable for an employee to continue working and fundamentally change the employment relationship.

An employee can also experience constructive dismissal if their employer fails to respond to their legitimate workplace concerns or complaints. If an employer refuses to address a reasonable concern, and the resulting intolerable working conditions lead the worker to resign, this may be constructive dismissal. In some cases, this type of behavior could even violate whistleblower laws or other state and federal labor laws.

Define Constructive Dismissal

It is also important for employees to document all incidents that contribute to an intolerable working environment. By recording each incident’s date, time and individuals involved, it is easier to show that an unreasonable work environment occurred. In addition, it can help an employee prove that they were forced to resign because of a hostile work environment.

Generally, in order to qualify as constructive dismissal, the intolerable work conditions must be severe and continuous. Single, isolated instances of intolerable working conditions are unlikely to qualify as constructive dismissal unless the circumstances are extremely serious. It is recommended that workers consult with experienced wrongful termination lawyers when they encounter difficult working situations.

In many cases, employees who have experienced constructive dismissal will attempt to solve the problem internally before seeking relief through a legal claim. This is often done out of a desire to preserve their right to file a wrongful termination lawsuit, as well as because they want to avoid the risk of being fired in the future.

Regardless of the reason, it is important for employees to consult with an experienced wrongful termination lawyer as soon as they notice any type of illegal conduct by their employers. Not only can a wrongful termination lawsuit negatively impact an employee’s career, but it can also have serious financial and personal implications. An unplanned period of unemployment can lead to financial stress, a loss of health insurance, and other problems. An experienced attorney will be able to guide a worker through the process of determining if they have a valid constructive dismissal claim and what options they may have to receive the fair compensation they deserve.