Forced Resignation – What is it?

A forced resignation or “constructive dismissal” exists where an employer puts pressure (directly or indirectly) on an employee to resign, or makes the situation at work intolerable for the employee. A constructive dismissal typically takes place where the employer has followed a course of conduct deliberately aimed at coercing the employee to resign or the employee is told to choose between resigning or being dismissed.

Some Examples

Common circumstances which may amount to a constructive dismissal include:
1. Offering the employee the opportunity to resign, with the underlying threat of termination
2. Substantially changing the employee’s duties or work location
3. A reduction in wages or other benefits
4. False accusations of theft or misconduct
5. Imposing comparatively onerous standards of performance
6. Giving unreasonable disciplinary warnings

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