Should I Resign If I’ve Been Constructively Terminated?

When an employee’s departure isn’t due to direct dismissal but rather the result of an employer’s actions or changes that significantly breach the employment contract, this is termed as being constructively terminated. This form of termination arises under circumstances where changes in employment conditions suggest an employer’s intention to deviate from the agreed-upon employment contract, often leaving employees uncertain if their situation qualifies as constructive termination, especially when they consider resigning instead of claiming their rightful severance.

What Does It Mean to Be Constructively Terminated?

An employee is considered constructively terminated when their working conditions are altered significantly without their consent, reflecting the employer’s decision to not adhere to the original employment agreement. Such scenarios qualify the employee for severance akin to what would be received if they were outright dismissed.

Constructive termination can occur due to major unilateral adjustments in employment terms such as demotions, changes in job duties, salary cuts, reduced working hours, relocation, unauthorized layoffs, and being placed on indefinite unpaid leave. Furthermore, an employer’s conduct that severely damages the employee’s trust or creates an intolerable work environment, through harassment or bullying, may also lead to constructive termination.

It is generally expected for employees to object to these unfavorable changes or to show clear disapproval. Failing to do so might be interpreted as acceptance, weakening any potential claim for constructive termination. The effectiveness of such a claim diminishes the longer an employee waits to address these changes.

Dealing With Constructive Termination: Should You Resign?

Upon realizing they might have been constructively terminated, employees may contemplate resignation. However, resigning without legal consultation can result in the forfeiture of severance rights for the employer’s wrongful actions. A strategically composed resignation letter, detailing the unjust changes or mistreatment as the cause for resignation, is crucial in bolstering a constructive termination claim, which is highly dependent on the specifics of the situation.

Due to the intricate nature of constructive termination cases compared to straightforward dismissals, obtaining legal advice is crucial. This is particularly important before making the decision to resign in response to changes in employment or due to adverse treatment by an employer, ensuring that one’s rights and potential entitlements are fully protected.

How an Employment Lawyer Can Help with Constructive Termination

If you suspect you’ve been constructively terminated, consulting with an employment lawyer is a critical step towards understanding and asserting your rights. An employment lawyer specializing in constructive termination can offer invaluable assistance in several key areas:

1. Evaluating Your Case: An experienced lawyer will review the specifics of your situation to determine if it meets the criteria for constructive termination. They will assess the changes to your employment conditions, employer conduct, and any other relevant factors to establish the strength of your case.

2. Legal Guidance and Strategy: Navigating the complexities of employment law can be challenging. A lawyer provides expert guidance on the best course of action, whether it’s negotiating with your employer, filing a legal claim, or seeking a severance package. They will devise a strategic approach tailored to your unique circumstances and objectives.

3. Representation and Negotiation: An employment lawyer will represent your interests in discussions with your employer or in legal proceedings. Their expertise in negotiation can be crucial in securing a fair severance package or in reaching an agreeable resolution without the need for litigation.

4. Documentation and Evidence Gathering: Building a strong case requires thorough documentation and evidence. An employment lawyer will help you compile necessary documentation, such as employment contracts, communication records, and any evidence of changes to your working conditions or employer misconduct.

5. Legal Advocacy: If your case proceeds to litigation, having an employment lawyer by your side ensures that you have a knowledgeable advocate to present your case effectively. They will navigate court procedures, argue on your behalf, and work tirelessly to achieve a positive outcome.

6. Understanding Your Rights and Options: An employment lawyer can clarify your rights under Ontario’s employment laws and explain the potential outcomes of your case. This knowledge empowers you to make informed decisions about your employment situation and future.

7. Emotional Support: Facing constructive termination can be a stressful experience. An employment lawyer can also offer support and reassurance throughout the process, helping you to navigate the emotional aspects of your case with confidence.

An employment lawyer plays a vital role in addressing constructive termination, offering a blend of legal expertise, strategic planning, and advocacy to protect your interests and achieve the best possible outcome. Whether you’re seeking clarification on your situation, exploring your legal options, or pursuing a claim, a lawyer’s support can be instrumental in navigating the challenges of constructive termination.

Take the Next Step: Schedule Your Consultation with Achkar Law

If you’re facing the complexities of constructive termination, securing legal guidance that’s aligned with your unique circumstances is crucial. Achkar Law is committed to providing comprehensive employment law advice, ensuring your rights are safeguarded and your case receives the attention it deserves.

You don’t have to navigate this challenging journey alone. Contact Achkar Law today to book a 60-minute consultation with one of our knowledgeable employment lawyers. In this consultation, we’ll listen to your story, examine the specifics of your case, and offer personalized legal strategies aimed at securing the best outcome for you.

Understanding your rights and the optimal course of action is only a conversation away. Whether you’re evaluating your options after being constructively terminated or seeking advice on your employment situation, Achkar Law is ready to provide the support and legal insight you need.

Act now to protect your future. Reach out to Achkar Law, and let us assist you in moving forward with assurance. Your path to resolution starts with a call.

Toll-free: 1 (800) 771-7882 | Email: [email protected]

Constructively Terminated?

Constructive termination occurs when working conditions become so intolerable that an employee is forced to resign. Often, these situations involve a violation of rights or poor treatment that effectively pushes the employee out. If you believe you’re a victim of constructive termination, it’s crucial to understand your legal options. Achkar Law provides specialized legal advice to employees who find themselves in these difficult situations, offering strategies to address your concerns and advocating for your rights.

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