What You Should Know About Constructive Dismissal
The relationship between employers and employees is often fickle, especially when it involves terminating contracts or dismissals. Most are familiar with wrongful dismissal cases, but for workers who are forced to resign from their position as a result of their employer's actions, what legal matters can be done to serve justice to the right party?
Employers that make work difficult for employees in an attempt to force them to leave their employer is known as "constructive dismissal" and is actionable.
What is Constructive Dismissal?
Many people associate the word "constructive" as a positive term, but when you pair it with "dismissal", it refers to a legal offense. Generally speaking, an employer will have constructively dismissed an employee when they unilaterally make a significant change to the employment relationship, such as a term of the employment contract.
Keep in mind that you need to show proof that the employer has violated your contract, considering factors such as the following:
- The breached terms of the Employment Contract and how important they are;
- The Number of Terms Breached by the Employer;
In real-world situations, constructive dismissal is imminent when the employees are thrown into the following situations:
- Employers give unreasonably excessive workload that is nearly impossible to complete within the given deadline;
- Demoting an employee’s position without any agreement, notice, or proper explanation;
- Verbally harassing an employee or preventing the harassment of an employee by other employees;
- Creating or failing to remedy a toxic work environment that makes continued employment intolerable for the employee;
- Causing mental and emotional distress by humiliating an employee in front of others;
- Changing the place of work;
- Failing to address serious issues or grievances from the employee;
How Can Businesses Establish Fundamental Change to an Employee’s Contract Without Risking Constructive Dismissal?
For employers who want to make necessary changes in the employee’s terms of employment, giving employees reasonable notice is a legally acceptable move that can encourage the change without inviting a lawsuit.
The Bottom Line: Demystifying the Basics of Constructive Dismissal for Businesses
Some employees are difficult to manage and require dismissal, but making the situation harder for them is never the best way to bid goodbye. Not only will it damage your reputation, but forcing their resignation can lead to costly consequences for your organization.
Whether you’re an employee looking to boost your chances when making a claim for constructive dismissal or need an expert to safeguard your business against the accusations, working with a reputable law is worthwhile.
Why Choose Us?
Navigating through a myriad of legal complexities in business can be daunting, but our expert lawyers at Prowse Chowne can take the guesswork out of your business litigations, employment law, alternative dispute resolution, and more.
We’re an industry-established law firm in Alberta, CA, who can help cover different legal practices, so get in touch with us today if you need to settle your case.