Constructive Dismissal

A constructive dismissal may have occurred if your employer has not directly fired you but has failed to comply with, or unilaterally changed, one of more of the terms of your employment contract, forcing you to quit. Constructive dismissal is sometimes called “disguised dismissal” or “quitting with cause” because it often occurs in situations where the employee’s only alternative to accepting the unilateral alteration to his/her employment, is to quit.

If your employer has done any of the following, you should obtain legal advice:

  • changed the hours or location of your job
  • significantly reduced your compensation, hours or benefits
  • changed your title with a corresponding significant change in your job duties and responsibilities
  • demoted you below your former level
  • suspended or laid you off
  • failed to deal with your complaint of harassment or bullying in the workplace.

Whether or not there has been a constructive dismissal that might justify your leaving the workplace is based on an objective view of the employer’s conduct and not merely on your perception of the situation.  Contact us to discuss your particular concerns before you make a wrong move and jeopardize your legal position.