Temporary Layoffs and Constructive Dismissal Liability Risks
On one hand, it is clear that temporary layoffs are, in many cases, a constructive dismissal that exposes the employer to potential liability. On the other hand, many people have asserted that this long-standing legal principle should not be applied to the current set of circumstances. More specifically, they assert that it is simply not appropriate to put businesses in the position where they either have to maintain operating costs that they cannot possibly afford or risk even greater liability through a constructive dismissal claim.
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Constructive Dismissal Quiz
What are the two steps employees must take if they feel that they are being constructively dismissed by an employer?
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Ending Telecommute Arrangements Without Committing Constructive Dismissal
Many employers regarded telecommuting during the pandemic as a temporary expedient that would end when the public health situation stabilized. But ending these arrangements is proving highly problematic. Having gotten used to working from home, telecommuters don’t want to return to the office. And they may be prepared to quit if you try to make them come back. If they do, they might sue their employers for constructive dismissal. Do they have a case?
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