What Role Does Constructive Dismissal Play
Depending on the particular circumstances of your case, constructive dismissal can play a significant role in your termination agreement. It can help determine how much compensation you are entitled to, and can make it more difficult for your employer to escape liability for wrongful termination or breach of contract. If you are a victim of constructive dismissal, it is important to act quickly to protect your legal rights. The experienced employment and litigation lawyers at Achkar Law can assist you in assessing your situation, filing a claim, and maximizing the amount of severance pay you receive.
Generally, you can claim constructive dismissal if your employer wilfully and substantially breaches an express or implied term of your employment contract. This is called a “fundamental breach.” In order to satisfy step one of the test for constructive dismissal, there must be a change to an express or implied term that, objectively, makes the employee’s job intolerable.
In some cases, the change must be very serious, while in others, the alleged breach may have a cumulative effect that makes it intolerable. However, the underlying rationale of the test is that an employee cannot be expected to accept changes to their employment contract without the employer giving them sufficient notice of them.
What Role Does Constructive Dismissal Play in Termination Agreements?
There are some types of unilateral changes that will almost always be deemed to be a fundamental breach, such as a reduction in compensation or a change in duties. Other types of changes may not be, such as a relocation to a different location, which is often seen as a demotion in status or responsibility. There is no clear definition of what constitutes a substantial change, and the test must be assessed on a case-by-case basis.
If your employer is found to have breached the express or implied terms of your employment contract, you can seek compensation from them. This can include a variety of damages, including punitive damages, aggravated and moral damages, and legal costs. The law also expects you to mitigate your damages by making reasonable efforts to find comparable employment, and any income earned during this period will be factored into your claim.
A key principle in wrongful termination and constructive dismissal lawyer near me is the employer’s duty to mitigate damages. This means that an employee must try to reduce the amount of damages they are entitled to by pursuing alternative employment opportunities. It is crucial that employees who are considering a claim for wrongful dismissal or constructive dismissal keep detailed records of their efforts to find work, as these can be used to determine the appropriate award amount.
In addition, if an employee has already accepted a new job offer in good faith, their acceptance of it will likely result in a waiver of their claim for aggravated and/or moral damages. Therefore, it is important to speak with an experienced employment lawyer about your situation before you accept a new job in order to avoid forfeiting your entitlements.