Explanation of Constructive Dismissal
The term “constructive dismissal” is often misunderstood, and as a result, workers in the workplace may miss out on important legal protections. If you believe that your employer has created intolerable working conditions that led to a forced resignation, then you may be entitled to a wrongful termination claim. In order to make this happen, you will need to prove that your employer’s conduct was so severe and intolerable that it made you feel that you had no other choice than to resign. To do this, you should carefully document all instances of your employer’s misconduct, and be prepared to present evidence that supports your claim.
A few examples of how an employer can create intolerable working conditions might include: Changes to an employee’s responsibilities, duties, or reporting structure that are significant enough to alter the fundamental terms of employment. These changes may also be considered a breach of contract.
If your employer violates these rules, they could face serious consequences. You might be able to file a wrongful termination lawsuit against them, and you can also seek compensation for lost wages and benefits. In order to prove that your employer violated these rules, you will need to provide strong evidence that supports your claims. This will include any documentation you have of the following:
An Explanation of Constructive Dismissal
For example, Jane was an ambitious and hardworking sales representative who took pride in her job at a marketing firm. She had been employed at the company for over three years, and she worked hard to meet and exceed her sales goals. However, one day she noticed that her manager was constantly berate her and make derogatory comments about her work performance. She found the constant criticism to be so distressing that she resigned from her position. She had no choice but to quit because of the intolerable working conditions her employer had created.
Constructive dismissal is different from a termination because it isn’t a formal firing. However, it is still treated as a termination in the eyes of the law because your employer did not have the right to fire you. If you’re experiencing these types of issues at your workplace, then it’s vital that you consult with a skilled attorney as soon as possible. This will give you clarity about the law and your options for legal recourse.
A New York wrongful termination lawyer can help you understand your rights, and guide you through the process of filing a lawsuit against your employer. Contact us today to learn more about what our services can do for you. We look forward to hearing from you. Our terms of use and privacy policy apply. Please read them. Bell Law Group. All Rights Reserved. Contact us to speak with a New York employment law attorney who will provide a confidential consultation. Bell Law Group, LLC is an employment and labor law firm located in Manhattan, New York. We represent employees throughout the United States, including those seeking wrongful termination and other employment disputes in New York City.
