Have you been fired or laid off?
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.
Constructive dismissal happens when your employer does something that:
- changes things at work for you in a major way,
- is not something you should have expected, and
- you do not agree to or accept it.
When this happens, it is like being fired. So if you leave the job, you have the same rights as if you were fired. This includes the right to termination pay.
Here are some examples of things that might be serious enough that it would be like getting fired:
- Your employer lowers your wages by a lot or refuses to pay you what they owe you.
- Your employer takes away core responsibilities 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 complicated. A lot depends on the details of your situation. It is important to get legal advice right away.