Sometimes employees perceive that they are being 'forced out' of the workplace. If you are faced with the difficult choice of resignation and continuing to work in objectively intolerable conditions and you decide to quit, your resignation may qualify as constructive dismissal.
In lay terms constructive means "might as well be" or "as good as" terminated and in those cases a resignation or notice of end of employment must be prompted by truly intolerable conditions or a fundamental breach of your employment agreement.
A fundamental breach of the employment agreement may happened when the terms of your employment has been significantly changed by your employer and you need to assert your claim quickly or risk accepting the employers actions by condoning the change by silence.
Common Examples of Fundamental Breaches
- Reduction of pay - salary, commissions, nondiscretionary bonus, benefits, etc.
- Change of Title
- Change of Duties
If you think you are experiencing constructive dismissal or have already left the workplace you can help protect your self by contacting our team at Stevens & Company as soon as possible to find a solution or decide what we can do to advocate for you.