What if my employer forces me to leave my job?

Sometimes being forced out of a job is the same as being fired. The law calls this .

Constructive dismissal happens when your employer does something that:

  • changes things at work for you in a major way, and
  • you do not agree to or accept it.

When this happens, it's like you've been fired. So if you leave the job, you have the same rights as if you were fired. This includes the right to or .

Changes that will not be constructive dismissal

Employers can make a lot of changes that are not constructive dismissal. Some changes are not serious enough. For example, your employer might have the right to ask you to work at a different location in the same city.

Or you may have agreed that certain things can change. For example, your employment contract could say that your employer can change your work schedule.

Changes that might be constructive dismissal

Here are some examples of things that might be serious enough that it would be like getting fired:

  • Your employer lowers your by a lot or refuses to pay you what they owe you.
  • Your employer takes away core duties and lowers your position. For example, you are no longer a supervisor and are doing the work you used to supervise others to do.
  • Your employer abuses you, harasses you, or discriminates against you in a way that goes against your human rights.

The law about what is and what is not constructive dismissal is very complicated. A lot depends on the details of your situation. It's important to get legal advice right away.

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