Constructive Dismissal Occur Due to Breach of Non-Compete Agreements
Whether they are a result of an employer’s action or the actions of coworkers, the consequences of constructive dismissal can be long-lasting and detrimental. While some people may be able to find work in another industry or location, others are not so fortunate. Furthermore, a termination under these circumstances may leave a mark on an employee’s resume that hiring managers might question when reviewing future job applications. This makes it imperative for employees to know what signs to look out for and how best to protect themselves from this type of situation.
The legal concept of constructive dismissal applies to any situation where an employee feels compelled to quit their job in order to escape the intolerable working environment created by their employer. While there are many ways that an employer can create intolerable working conditions, the most common ways that a claim of constructive dismissal is made include:
In order for an employee to have a case for constructive dismissal it must be proven that their employers act in a way that would make a reasonable person feel compelled to quit their job. This can include significant changes to an employment contract’s terms and conditions, such as a change in the salary, benefits, or bonus structure, a reduction in the employee’s reporting functions within the company hierarchy, a change in essential job duties, a move from the company’s workplace location, a failure to maintain safe work conditions, or even a reassignment of a worker to menial or degrading tasks.
Can Constructive Dismissal Occur Due to Breach of Non-Compete Agreements?
An employer can also commit a breach of the implied term of trust and confidence that is found in all employment contracts, by engaging in bad faith behaviour that destroys or seriously damages this relationship without good reason. This is a more difficult test to prove, but examples of this kind of behaviour can include things like:
Employers can also reduce their risk of claims of constructive dismissal lawyer near me by ensuring that any significant changes to working conditions are agreed upon and signed off on bilaterally with the employee. This can help to demonstrate that the employee has been consulted and that the change was not made unilaterally, which will help mitigate against such claims in the event of a dispute.
Ideally, an employee should be as proactive as possible by paying attention to their working environments and documenting any incidents that may indicate an underlying problem. They should also speak with their supervisors or HR representatives about any issues that they are concerned about and address them as soon as they can. This is the most effective way of safeguarding their rights, as an employer who fails to take heed of these concerns or retaliates against a worker in response to their raising of a concern may be found to have committed a breach of their employment contract.
