While many employers are reopening their doors during the COVID-19 pandemic, it’s important for employees to be mindful of possible workplace changes that could put them at risk of constructive dismissal. This can include a range of employer behaviors such as: reducing an employee’s wages or hours, demoting them, changing their job duties, subjecting them to harassment or discrimination, and causing them to work in unsafe or unhealthy conditions. These behaviors are essentially a repudiation of an essential term or condition of an employment contract and can make working for the company untenable.

If an employer is found to have constructively dismissed an employee, they may be ordered to pay them for the loss of their job, which will be based on a number of factors such as length of employment, the difference between their current salary and their former wage, and the amount of notice they were given before being forced to resign. It’s also worth mentioning that in order for an employee to successfully claim constructive dismissal, they must be able to prove that the employer’s behaviour was unreasonable. This means that an employer’s actions must be severe and unnecessarily change the nature of the work, making it impossible to continue.

One example of an employer’s unnecessarily changing an employee’s working conditions might be a case where an employer requires them to work evenings and weekends, resulting in an unreasonable and significant impact on the employee’s ability to balance their work life with other responsibilities. However, this would need to be communicated to the employee in advance and be a clear violation of their contract.

Another common scenario is when an employer unilaterally reduces an employee’s wages without reasonable business reasons. For instance, if an employee is performing well, but their employer decides to cut their wages while giving raises and promotions to other staff members. While this is a serious breach of an employee’s right to fair and reasonable treatment, it might not be grounds for a claim of constructive dismissal if the employer could prove that the reduction was necessary due to budgetary concerns or that other employees were getting paid more.

It’s worth mentioning that an employer should never try to retaliate against an employee for reporting issues like worker safety, sexual harassment, or discrimination. In addition, it’s illegal for an employer to fire or retaliate against workers who file whistleblower claims or lawsuits against their companies.

If you think that your workplace conditions have made it impossible to continue working for your employer, it’s critical to act quickly. Contacting an experienced lawyer can help you understand your legal options and take the appropriate steps. They can also help you file a wrongful termination lawsuit against your employer if necessary. If you’d like to learn more about how a lawyer can help you, visit FindLaw’s section on Wrongful Termination Lawsuits. By taking action, you’ll likely gain clarity on your rights and protect your livelihood.