Constructive Dismissal and You

The phrase “constructive dismissal” describes situations where the employer has not directly fired the employee. Constructive dismissal is sometimes called “disguised dismissal” or “quitting with cause” because it often occurs in situations where the employee is offered the alternative of leaving or of submitting to a unilateral and substantial alteration of a fundamental term or condition of his/her employment. Whether or not there has been a constructive dismissal is based on an objective view of the employer’s conduct and not merely on the employee’s perception of the situation.

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It is the employer’s failure to meet its contractual obligations that distinguishes a constructive dismissal from an ordinary resignation. The seriousness of the employer’s failure as well as the amount of deliberation apparent in its actions are also important factors.

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How Do You Know?

When constructive dismissal arises, what remedies are available to an employee who has been constructively dismissed, and what an employer can do to reduce liability in these situations. Examples of specific employer behavior that may amount to constructive dismissal will also be highlighted in tomorrow’s webinar.

Special Report: Ask the Questions You Really Need Answers For

Constructive dismissal is sometimes called “disguised dismissal” or “quitting with cause” because it often occurs in situations where the employee is offered the alternative of leaving or of submitting to a unilateral and substantial alteration of a fundamental term or condition of his/her employment. In this complementary special report, you will find information on:

Step by Step – 9 ways to commit Constructive Dismissal.
Protect Yourself – Are you at risk of a Constructive Dismissal Class Action?
Ask the Expert – Can promotion be grounds for Constructive Dismissal?
Harassment – When is Harassment grounds for Constructive Dismissal?
Case Study – Court finds that adding to a person’s job duties may be Constructive Dismissal.
Wrongful Termination – Constructive dismissed employee needn’t stay at job to ‘mitigate damages.’
Mandatory Retirement – Constructive Dismissal, mandatory retirement & notice.
Infographic – Risk of Constructive Dismissal Class Actions.

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