Implications of Constructive Dismissal on Succession Planning
In the context of employment law, constructive dismissal is a term used to describe situations where an employer’s actions or significant alterations to an employee’s job make it impossible for them to continue working for the company. While not as common as wrongful termination or a breach of the employment contract, it can be just as damaging to an employee and their financial security. If you believe you are a victim of constructive dismissal, seek the advice of an employment lawyer as soon as possible.
While there are a variety of circumstances that can be grounds for constructive dismissal, the most obvious is if an employer makes significant and unilateral alterations to an employee’s employment contract or work environment that make it intolerable to continue to work there. This may include changes to compensation, job responsibilities, reporting functions within the hierarchy, workplace conditions, hours of work and the term of employment. Additionally, any bad faith behaviour that destroys the employee-employer relationship of trust and confidence without good reason can also constitute a constructive dismissal claim.
Often, these significant and unilateral changes are accompanied by a demotion in status or a decrease in pay. However, a renaming of a position or a reduction in salary does not necessarily amount to constructive dismissal, as the change must be “substantial.” It can also be a breach of an implied term if an employer forces you to relocate from your home city or region to another location far away from your family and friends.
What Are the Implications of Constructive Dismissal on Succession Planning?
If you feel that you have been subjected to constructive dismissal, it is important to consult an employment lawyer before resigning from your position. Quitting before establishing that you have been constructively dismissed can result in forfeiting any severance or notice payments you may be entitled to.
It is also critical to document all incidents, conversations and interactions that could be used as evidence of constructive dismissal lawyer near me. Keeping detailed notes and recording the date, time and specifics of each incident can help build your case. In addition, if you are able to obtain the testimony of any colleagues or supervisors who witness negative treatment by your employer, their testimony can support your case as well.
Aside from the need to protect your physical and mental health, it is also important to consider the impact that constructive dismissal will have on your career path and future opportunities for employment. If you have been a victim of constructive dismissal, it will likely take considerable effort and expense to find a new role that is comparable to your previous employment. This may mean that you will be unable to advance in your career as rapidly or will struggle to gain employment in other industries.
In addition to the duties of mitigate, an employee who has been constructively dismissed is also obligated to make reasonable efforts to seek re-employment. Depending on the circumstances, this may involve updating your resume, reaching out to former colleagues and contacting recruitment agencies. However, you should never engage in badmouthing your employer during interviews.
