How to know if you are subjected to constructive dismissal?

You might have resigned from your job because you thought you wouldn’t be able to cope with the new set of policies or maybe because of a drastic pay cut, which your company justified as part of business restructuring. They might point out a clause in your employment agreement, which stipulates that you could be laid off without a prior warning. Mostly, people give up fearing a David vs Goliath situation and thereby choose to suffer or probably even accept that it was their fault. They might be missing out on the fact that this could qualify as constructive dismissal, and if proven, could turn into a clear case of wrongful termination.

For instance, layoffs are likely if your company merges with another. Let’s say that you weren’t among those who were laid off. Supposedly, you happened to leave by yourself as you started to feel it wasn’t the right place for you anymore. It is upto you to recognize if you were indirectly terminated or not. To recognize whether it was a constructive dismissal, you need to acknowledge the logic in the reasons that made you leave all of a sudden. It might start with you thinking that what happened was unfair. Maybe the new management should have made you feel more comfortable by establishing a better relationship. Maybe they should’ve reviewed your case more instead of readily accepting your resignation. You must connect several dots with as many details as possible. Your findings could qualify this as wrongful termination via discrimination, probably on multiple counts.

The catch here is that employers claim it was the employee’s choice. The key is to be as vigilant as possible when you see a sudden policy change or realize why you have been chronically feeling uncomfortable at your workplace. 

Constructive Dismissal can be defined as a situation where an employee quits or is forced to leave indirectly. They mostly do not recognize that it isn’t their own doing but situations fabricated by their employer. If you cannot stop thinking about what led to this mishap and make sense of it, you might want to consult a wrongful termination lawyer to professionally fact-check and uncurl your suspicions. 

Things to carefully consider

• As discussed earlier, you might not realize why you left your job in the first place. Staying proactive and thoroughly reviewing the whole situation might reveal possible malpractices by your employer. Think about it deeply and see if this would have been your first choice. If not, act.

• If you think there is a possibility for litigation, you must clearly state and record the chain of events. This will demand as many details as possible. You have to remember and note down what happened when, where, and how. History shows the most unexpected little details play a role in overturning huge cases in court or during settlements.

• As much as your employer would like to throw off any possible hurdle by establishing dominance using their size and employment agreement, the law might think differently. The same clause that led you to unemployment by resignation could become the cause for a considerable settlement value. It is advised not to overlook any document that is even remotely relevant to your case.

• Wrongful termination lawyers specialize in finding possible discrepancies in your employer’s history that could benefit your case. If you could think of instances during the period of your employment that led you to leave, there is a good chance it could have happened to someone else. Finding proof of such cases might seem hard but could help you exponentially to win your case.  

Conclusion

Likely, the law will not take you seriously if you can’t gather enough evidence and move strategically. Hiring a seasoned wrongful termination lawyer is your best bet to tackle this situation. Followed by legal action from your side, your previous employer will use their entire legal force to bury you with paperwork or go after your reputation. Only an experienced attorney, backed by a reputed law firm with good resources, will be able to help you sail through such events.

source https://www.jbklutse.com/constructive-dismissal/