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Has your employer changed your job without you agreeing? You might be Constructively Dismissed

Constructive dismissal is an area that many employees and employers are not aware of. Both sides sometimes stumble into this type of situation unintentionally. Constructive Dismissal occurs when employers make large unilateral changes to things. These things can range from employee pay, the employee's job description, the employee's place in the organizational chart, the employee's location of work, changing the employee's reporting structure to similar changes. Constructive Dismissal can also arise when a toxic or bullying work environment makes continuing working in the job environment impossible.

If an employer makes those changes and you haven't agreed to them, then possibly you have been Constructively Dismissed. The law says it is as if you had been fired, and you are entitled to pay in lieu of notice and severance as if you had been fired without cause. In order to exercise that remedy, you have to quit your job, which obviously makes many people uneasy.

Obviously, what you are entitled to depends on whether you have a contract with your employers, and would also depend on an analysis of the Bardal factors. If you would like to learn more about severance, please read our article here:

If you believe you may have been Constructively Dismissed, or may be in danger of doing so to your employees, please feel free to contact us.

The information contained in this article is not legal advice. No solicitor client relationship is formed through this article. The reader is encouraged to retain counsel for advice in these matters.

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