Constructive Dismissal Protection

When an employee feels they have no choice but to quit their job because of intolerable working conditions created by their employer, they may have grounds to file a claim for constructive dismissal. Employment lawyers can help individuals pinpoint whether this type of legal action is appropriate in their particular case.

To understand the legal definition of constructive dismissal, it is important to first consider the types of behavior that can constitute this term. For example, a worker’s employer might be engaging in significant offensive behavior that can include verbal abuse and threats, sexual harassment, bullying, or workplace discrimination. In addition, an employer might breach the implied contract of trust and confidence in their employment relationship by refusing to resolve workplace concerns or complaints.

Another common reason to file a constructive dismissal case involves an employer making substantial changes to an employee’s working conditions without providing adequate notice or explanation. For example, suppose your employer suddenly shifts you to evenings and weekends, which significantly alters your work-life balance. Similarly, if your employer moves you to a new location that requires travel time that significantly impacts your commute, you could also be able to file a constructive dismissal case.

Lastly, if your employer engages in illegal activities or fails to follow industry standards and laws affecting workplace safety and health, you could be able to file a constructive dismissal lawsuit against them. This is because workers are protected against unlawful retaliation in cases of constructive dismissal due to whistleblowing or bringing violations to light.

What Is Constructive Dismissal Protection?

To prove constructive dismissal, the employee must demonstrate that they were forced to leave their job because of these intolerable working conditions. They must also be able to demonstrate that they had tried and failed to resolve the issues with their employer before deciding to quit their job. This is why it’s often best to discuss the issue with an experienced employment lawyer before taking any action.

Even if you feel you have a legitimate constructive dismissal case, it’s often wise to seek out other job opportunities before quitting your current position. This way, you can avoid a black mark on your employment record and ensure you have other sources of income while you search for new work. Additionally, you can use your time to update your resume and build your professional network so that you can be more competitive in future job applications.

To qualify for constructive dismissal protection, certain conditions typically need to be met. Firstly, the employee must prove that their employer’s actions or behavior fundamentally breached a term of their employment contract. This breach could include significant changes to job duties, demotion without cause, harassment, or a hostile work environment. Secondly, the employee must demonstrate that the breach was serious enough to justify their resignation. Essentially, they must show that any reasonable person in their position would have felt compelled to resign.

Constructive dismissal protection is essential for safeguarding employees’ rights and ensuring fair treatment in the workplace. Without such protection, employees might feel trapped in untenable situations, unable to leave their jobs without risking financial insecurity.