A Constructive Dismissal may occur when an employer makes a substantial and unilateral change to the terms of an employee’s employment contract. The change must be significant, such as a change to a fundamental term or condition of employment. This significant change must also be one that the employee did not consent to, either explicitly or implicitly. A constructive dismissal lawyer can properly advise you if you are concerned about a possible constructive dismissal case.
Therefore, constructive dismissal is essentially a forced resignation as the employer is acting in a way that demonstrates an intention to no longer be bound by the terms of the employment contract. However, an employee does not necessarily have to stop working to claim constructive dismissal.
If I Think I Have Been Constructively Dismissed, What Are My Options?
The courts have outlined that where an employee experiences a significant and unilateral change to their terms of employment, the employee has three options:
- Accept the unilateral change and continue their employment;
- Reject the change and resign; or
- Notify the employer that they are rejecting the change and continue their employment as before.
If an employee refuses to accept the new change and continues to work under the third option, the employer can respond in several different ways. For example, the employer may permit the employee to continue working on the same employment conditions as before. However, the employer may terminate the employee with notice. In some instances, the employer may terminate the employer with proper notice, then offer re-employment on the new terms.
Where the employer terminates the employee, it is important to seek legal advice to ensure that you are receiving your entitlements upon termination.
If you are an employee who believes you have a constructive dismissal case contact us to discuss how a constructive dismissal lawyer can help. Call (800) 771-7882, email [email protected], or fill out the Form below