Constructive dismissal takes place when an employee resigns due to an intolerable work environment created by their employer’s fundamental violation of the employment agreement. When this happens, many employees feel that their rights have been so deeply disregarded that they have no other recourse but to quit. This is problematic because voluntary resignation eliminates an employee’s right to termination entitlements.
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Many clients come to our office thinking a “wrongful termination” means an employer has terminated them for the wrong reasons; however, wrongful termination occurs when an employee is dismissed with an insufficient amount of notice or pay in lieu of notice.