It is incredibly common for employers to attempt to lead an employee to quit rather than terminating them. Terminating somebody is hard and uncomfortable, and it can end up costing the company severance. Instead, an employer might change things about an employee’s position or interactions within the company in order to goad them into quitting. This often qualifies as a constructive dismissal, and there are legal actions that can be taken when such a scenario occurs. If you think that this might be happening to you, it can be incredibly useful to know what to do if your employer is trying to make you quit, and the lawyers at Linley Welwood can help you figure out the best course of action.
Ways an Employer Might Try to Make You Quit
There are many ways that an employer might try to make an employee quit. They might stop giving them meaningful or challenging work or micromanage the work that the employee does. They could also exclude the employee from social interactions in the workplace or avoid the employee altogether. One of the biggest ways that an employer might try to force an employee to quit is through constructive dismissal.
What is a Constructive Dismissal?
If your employer changes something at work in a major way, it can sometimes qualify as constructive dismissal. Constructive dismissal is the term used to describe a unilateral change of the employment contract by an employer, which can often have the effect of an employee feeling forced out of their job. Constructive dismissals occur when the changes that an employer makes to your job are not something you agreed to or accepted or when the changes are not something you should have had any reason to expect out of your job position. If you are forced out of a position through constructive dismissal, it is essentially the same as if your employer fired you and they are responsible to provide termination pay or pay in lieu of notice.
What to do When Your Employer is Trying to Get You to Resign
If you think that your employer is trying to get you to quit, there are a couple of things that you should do. The first thing you need to do is seek legal counsel. A lawyer will also be able to tell you if your case falls under the purview of constructive dismissal and give you legal advice on how to proceed. It is important to know what you want out of the situation when talking to a lawyer so that they can guide you in the proper direction. If you want to leave the job, the course of action needed will be different than if you want to stay and fight for your position.
Your lawyer will likely encourage you to start to document everything, including social interactions, requests for work, and changes in your position. This information will qualify as evidence for your case that you are being forced out of your job.
If you have more questions about what to do if your employer is trying to make you quit, or if you would like to learn more about any of our legal services, please contact Linley Welwood at 604-850-6640 or by filling out a contact form on our website.