Constructive Dismissal and Non-Compete Agreements
Constructive Dismissal
If you have signed a non-compete agreement that your employer asked you to sign, it is vital to be aware of the potential implications of constructive dismissal. It can be difficult to quantify the impact of this type of situation, but it often leads to long-term consequences that may affect your career and well-being.
The term constructive dismissal refers to an instance wherein an employer’s conduct makes the working environment intolerable, leading to an employee’s resignation. This is typically a result of serious, long-term conduct that can be considered a breach of contract, such as refusing to address an issue with an employee or engaging in harassment or discrimination. These types of behavior can have a significant impact on a person’s ability to work in an environment that is hostile or stressful, which can lead to job burnout and mental health issues.
A number of things can be considered as grounds for a claim of constructive dismissal, including a significant change to an employee’s schedule or location, unwarranted criticism or a hostile environment. While these examples are fairly straightforward, it is also important to consider more subtle forms of behavior that can be considered as a breach of contract. For example, if your manager frequently criticizes you or makes derogatory remarks about your performance, it can create an intolerable workplace. If these comments become frequent and occur regularly, they can lead to a constructive dismissal.
Constructive Dismissal and Non-Compete Agreements
Taking the time to document all of these incidents can be valuable when it comes to determining whether or not you have grounds to make a constructive dismissal claim. The key is to take the action you feel is most appropriate for your individual situation, such as requesting a meeting with HR or filing a complaint with the relevant agency. It’s also important to consider seeking legal advice or a wrongful termination attorney when faced with this type of scenario.
One of the most challenging aspects of a constructive termination claim is timing. Leaving the job too soon will likely be deemed as tacitly accepting or affirming your employer’s behavior, meaning you can no longer make a case for it being a breach of contract. On the other hand, leaving too late can cause you to miss out on severance pay, unemployment benefits and salary continuation, as well as the opportunity to find another job before the COVID-19 pandemic ends.
In addition, resigning from a position that was the subject of a constructive dismissal can leave a black mark on your employment record that hiring managers might question during the interview process. This can harm your self-esteem and rob you of the pride you took in your previous work. It can also make it difficult to explain in the future why you left a job for reasons that are beyond your control, such as a toxic work environment. In the long run, this can have devastating effects on a person’s life, professional career and personal well-being.