What is Constructive Dismissal (and what can you do?)

Constructive dismissal, also known as constructive termination, is a situation in which an employee is forced to resign due to the employer’s actions or inactions that make continuing to work for the employer intolerable. Constructive dismissal can occur when an employer makes significant changes to an employee’s job duties, working conditions, or pay without the employee’s consent, or when the employer behaves in a way that shows a lack of respect or trust towards the employee, such as by harassing or discriminating against the employee.

If you believe you are experiencing constructive dismissal, you may have a number of options available to you. Here are a few potential steps you can take:


Document the circumstances:

Keep a record of any actions or inactions by your employer that you believe constitute constructive dismissal. This can include emails, memos, and notes of conversations, as well as any relevant documentation, such as a new job description or a change in your pay or benefits.

Try to resolve the issue internally:

If possible, try to resolve the issue by speaking with your employer or HR representative. Explain the situation and how it is affecting you and try to come to an agreement about how to address the problem.

Consider legal action:

If you are unable to resolve the issue internally, you may consider seeking legal advice. An employment lawyer can review your case and advise you on your options, including the possibility of filing a lawsuit for wrongful dismissal.

Consider alternative employment:

If you decide to leave your current job, you may want to consider seeking alternative employment. This could include looking for a new job or starting your own business.

It’s important to keep in mind that the specific steps you can take may depend on the laws and regulations in your jurisdiction, as well as the specifics of your situation. If you are experiencing constructive dismissal, it’s a good idea to seek advice from an employment lawyer or other qualified professional to help you understand your options and make informed decisions about how to proceed.

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