A constructive dismissal occurs when your employer changes the terms of your employment, the aspects of your job that both you and the employer originally agreed upon when you started working. A constructive dismissal may also occur if a hostile environment has been created at your workplace.
The following changes to your employment, depending on their severity, may be considered constructive dismissal matters:
- A demotion
- A change in work location/relocation
- Significant change in job description
- Change to work conditions
- Reduction of income or compensation
- Significant change in work hours
- Paid suspension or a forced leave of absence
- Poisoned or toxic work environment
If you decide to accept the changes, no matter how harmless or extreme, you will provide your employer with the authority to make further change to your employment in the future. You will then likely lose your ability to quit with severance pay.
Do not quit before contacting us to determine if you are, in fact, facing a case of constructive dismissal. We may be able to take steps to stop your employer from making certain changes to your job, and avoid resignation with pay altogether.
An employer is required to create a safe workplace for all employees, and must deal with all cases of harassment immediately. If your employer has failed to investigate and thwart harassment, resignation followed by a constructive dismissal claim may be your best option.
Your severance pay would be based on a number of factors, including:
- An employee’s age
- The job position and duties
- Annual income from that job
- Length of employment
- The employee’s ability to find a similar job somewhere else
- Bonus pay
In order to get a better idea of what you may be owed, consult The Severance Pay Calculator for a general review of what your entitlements might be.