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Constructive Dismissal

Constructive Dismissal

When so many things about your job have changed that it hardly looks like the same job, you may have a case for constructive dismissal.  In today’s competitive job market one client’s comments speak for many of us.

“Things have changed so much at my job.  I feel like I just cannot take it any more with longer hours, a smaller paycheck, plus new and added duties.  I used to commute for 90 minutes each way from work. That was hard enough. Lately, I am asked to work weekends and travel out of country.  I do not like the toll it is taking on my health, my family and relationships. Quitting is out of the question because I need the income. Do I have any options?”

The client, in the above scenario, has strong feelings but the key legal talking points are: smaller paycheck, more and different duties, weekend work hours and new travel duties. If your wages have been reduced, your job has been changed considerably, you have been demoted, or the conditions of your contract are ignored, you may able to quit your job and launch a lawsuit for constructive dismissal.

You would have to quit within a certain time period and prove that you voiced your disagreement with job changes, made by the employer, without your consent.  The modifications to your current job would have to be drastic enough that any reasonable person would refuse the changes. You are expected to mitigate your losses by seeking work and perhaps taking the modified work arrangement while you continue to look elsewhere.

Employees have a right to be treated with respect. Employees have grounds for constructive dismissal if they are harassed, bullied or discriminated against in the workplace.

Every situation is unique, so it is important to speak to an expert who can guide you in the legalities involved. If you have already quit your job due to considerable changes to your job description, or a toxic work environment, you may still be able to claim for constructive dismissal. However you must start the legal process within a specified time period. In some situations, clients may be eligible to claim compensation until they secure new employment. There are many different ways of solving the dispute. Most clients receive financial reimbursement, before court is necessary.

Job changes that require more energy and less income are stressful, but they can be even more frustrating when you did not agree to them. The constructive dismissal lawyers at Scott Furlong Ford Law Firm can help you understand your rights. We take the weight off your shoulders by getting you the compensation you need, so you have the time and energy to find work you want.