Most workers will be unaware of the term “constructive dismissal.” This is when you are forced to quit your job because of your employer’s actions. In most situations, this is related to a breach of contract of employment, which is found to be unacceptable and make you feel as though you have no choice but to leave.
Constructive discharges could be the result of one-off incidents or a series of events. Knowing what events could lead to resignation can help employees determine if they are currently being pushed out of their employment or if they have been already.
The five signs listed in this article have been research to ensure you can better understand if you have been forced to leave your job.
You’re Being Bullied at Work
Although bullying is often thought to be a schoolyard issue, it can still occur in the workplace. Workplace bullying can range from making inappropriate comments or jokes to sabotaging of a colleague’s work. If this happens and your employer allows the harassment to take place without consequences, this can create a hostile work environment.
Your Work Hours Have Changed Suddenly
Employers require their workers’ permission to change the number of hours they work or the location they work in, and they must provide advanced notice of these changes. However, if this happens suddenly, this could be a sign of constructive dismissal.
These changes could include forcing you to work much longer hours or night shifts. You might also be moved to an office further away, which extends your commute or adds additional expenses. If these changes are unjustified and negatively impact your work environment, you are well within your rights to contact a constructed discharge lawyer.
You’re Being Discriminated Against
Sometimes discrimination can be mistaken for bullying, especially if the culprits state their behavior and remarks are in jest. However, if the majority of their conduct focuses on your age, gender, sexuality, race or another protected characteristic, then this is most likely discrimination.
Signs you are being discriminated against can include being mistreated by your employer and coworkers, being passed over for advancements, or receiving unequal wages. These behaviors should be reported to your superiors; if no action is taken then, you can seek legal advice.
You’re Regularly Underpaid
Paying employees the incorrect amount is a breach of contract. This is commonly found when workers have been off sick and have not received the correct sickness pay. In these situations, the employer might have refused to pay the employee, leading to the latter resigning. The employee in this situation could potentially make a constructive dismissal claim in regards to mistreatment.
If your wages have not been affected but your manager has made threats of a salary reduction, this can also be a sign you were forced from your job.
You Have Been Demoted
Sometimes employers will demote their employees; when this happens, and the correct procedure is followed, they usually have a good reason for doing so. However, if your boss does this and your contract is not updated, then you could have a claim for constructive discharge.
Before you begin making a claim, you should discuss these changes with your employer to uncover the reasons behind them. Once you have asked, you can then determine if the demotion is unjustified and have affected your work environment and/or performance.
If you suspect you might be the victim of constructive dismissal, you must document all incidents related to the issue. This can be difficult if you have already left the position, in which case your best course of action is to seek help from an experienced employment lawyer.
