Constructive Dismissal
What is constructive dismissal?
Constructive dismissal occurs when your employer makes a significant and unilateral change to your job without your consent, effectively forcing you to resign. In the eyes of the law, your resignation may be treated as a termination, entitling you to severance and other compensation.
These substantial changes may involve your compensation, work location, schedule, or job duties. In some cases, ongoing harassment or a toxic work environment may also qualify as constructive dismissal.
If you believe your employer’s actions have left you with no reasonable option but to resign, contact the employment lawyers at Singh Lamarche LLP to determine whether you are entitled to a full severance package and additional benefits.
What constitutes a substantial material change?
Not all changes to your job qualify as constructive dismissal. To meet the legal threshold, the change must relate to a fundamental term of your employment and must be substantial.
Examples of changes that may amount to constructive dismissal include:
- Reduction in wages or benefits
- Significant change in work location
- Modification of shifts or working hours
- Temporary layoff without contractual authority
- Suspension without pay
- Demotion or significant alteration of job duties
- Harassment or a toxic work environment that makes continued employment untenable
Minor changes or adjustments that do not significantly affect the employment relationship are generally permitted. However, any changes should be clearly communicated, and your explicit agreement should be obtained in writing.
What should you do if you believe you’ve been constructively dismissed?
If you suspect that your employer’s actions may amount to constructive dismissal, it is important to take the right steps to protect your legal rights.
- Retain all relevant documents, including your employment contract, correspondence related to the changes, and any written records of changes made to your role or compensation.
- Document all communications and events that support your claim, including dates, people involved, and the nature of the changes or conduct.
- Avoid resigning before speaking to a lawyer, as this may impact your ability to pursue a constructive dismissal claim.
- Consult an experienced employment lawyer at Singh Lamarche LLP as soon as possible to evaluate your situation and determine whether you are entitled to severance and other compensation.
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