Constructive Dismissal Occur Due
A workplace environment can be made intolerable by a variety of reasons, and if it causes an employee to feel compelled to quit their job, the worker may have grounds for constructive dismissal. However, there is a very high bar to meet for this claim, and the employee will need to show that they resigned due to intolerable working conditions and that those conditions were not caused by the employer in good faith.
The first step in proving a constructive dismissal case is establishing that the employment conditions were so intolerable that they made it unreasonable for the worker to continue working. This can include a host of different factors, from the demotion or reduction in pay to the loss of benefits, but it also includes things like being moved to a less desirable workspace, being reassigned to menial or degrading work, being placed on involuntary leave for personal reasons such as pregnancy or care for a newborn, or even being placed on temporary leave due to the COVID-19 pandemic (which could qualify as a FMLA-supported absence and therefore lead to a constructive dismissal claim under the Family and Medical Leave Act).
To prove that the conditions were intolerable, the employee will also need to demonstrate that they informed their employer about them or that they otherwise made the company aware of these conditions. If the worker didn’t raise these issues with management or someone in a position of authority, it is unlikely that they will be able to prove that their employer intentionally created or maintained intolerable working conditions.
Can Constructive Dismissal Occur Due to a Hostile Work Environment?
In addition to demonstrating that they did not have the ability to continue to work in these intolerable conditions, it is important for employees to document any incidents or instances of inappropriate behaviour as they occur. This can be in the form of emails, texts, or other communications between an employee and their employer, as well as notes from colleagues who witnessed the incidents. It is important to have this documentation in the event that a complaint needs to be made with an employment tribunal or other court of law.
A competent wrongful termination lawyer can assist with a constructive dismissal lawyer claim by helping the individual assess whether or not they have grounds for such a case. They can help with the process of documenting and analyzing the facts of the case, and they can help prepare the appropriate evidence for submission. The legal consultation can also be used to discuss any potential options for resolution, including the possibility of filing a claim against the employer in court.
If you are experiencing a hostile work environment and believe that you may have grounds for a constructive dismissal, we encourage you to contact Achkar Law for a confidential case assessment. Our experienced team of employment lawyers has the knowledge and experience to guide you through the complex legal process. Our practice areas include wrongful dismissal, unjust dismissal, human rights, workers’ compensation, and employment contracts, among others.