Constructive Dismissal Differ From Wrongful Termination

Unlike wrongful termination, there is no need to break an employment contract in order to file a constructive dismissal claim. Instead, an employee can bring a claim against their employer for causing intolerable working conditions that force them to resign. While proving the claim may be challenging, a skilled Orange County Employment Law Attorney could offer guidance for employees.

In most states, including Maryland, an employment relationship is considered to be at-will. This means that an employer does not need a reason to terminate an employee and can do so with or without notice. However, some employers are not bound by this rule and may commit a breach of an implied or express term of their employment contract. This type of breach can lead to a constructive dismissal claim.

The main way that a constructive dismissal claim differs from a normal resignation is the presence of intolerable work conditions. A claim will likely be successful if the employee can show that their employer created work conditions that made continued employment impossible. This would include a negative workplace environment, including a hostile work culture, poor working conditions and harassment. In addition, the intolerable working conditions must have been caused by an employer and have affected the worker in a significant way.

How Does Constructive Dismissal Differ From Wrongful Termination?

A common example of a constructive dismissal claim involves an employer who changes an employee’s job duties, role, work location or other aspect of their employment. An employee may bring a constructive dismissal claim if the change is in violation of their employment contract or the Equality Act (ESA). However, it is important to note that an employer will not be liable for a constructive dismissal claim if the employee did not sign an employment contract and was not offered the same terms as other employees in their position.

An employer must also not be acting with ill-intent. This is because the court will consider whether or not an employer’s actions are a fundamental breach of the term of trust and confidence implied in all contracts of employment. Furthermore, the employee must have attempted to resolve the situation through internal channels before resigning. The existence of documentation such as emails, phone records or verbal communications pertaining to the issue is also beneficial for building a strong case.

Lastly, an employee must also take steps to mitigate their damages and attempt to find new employment. This will help prove that they have tried to minimize the financial impact of their employer’s actions and have demonstrated reasonable attempts at finding alternative employment.

Bringing a constructive dismissal or wrongful termination claim is a complex process, and it is critical to have the guidance of an experienced Orange County Employment Law Attorney. A qualified attorney could assist with evaluating the claim, advising on the merits of the case and ensuring compliance with all applicable laws. They can also provide valuable assistance in pursuing any damages that are owed to an employee after suffering from a constructive dismissal or wrongful termination.