How to Prevent Constructive Dismissal Claims – By Employment Attorneys


In employment law, constructive dismissal or constructive discharge is described as a way of pushing an employee to resign by the employer. It happens mostly when an employer tries to create a hostile environment for an employee so that he/she could be forced to hand-over a natural resignation. This is generally done through unilateral changes to an employee’s duties and responsibilities at work. A NY employment attorney can give you in-depth details about specific legislation for this type of practice.


It can be tricky for a normal worker to distinguish constructive dismissal and for that reason, they should always talk to a legal counsel or a good labor and employment law firm that can reveal the truth and identify this type of conduct.

There can be multiple ways an employer can stress a specific group or individual employees at his company. He can make some major alternations in employment agreements like change in place of work, schedule, or position. He can impose unnecessary demotion or decrease in salary which is quite apparent for any employee to feel that he’s being coerced.

If an employer takes a series of actions against a specific worker, it implies that he does not intend to comply with what mentioned in employment bound and this is considered a breach of the agreement.

If you’re a business owner or employer and wants to prevent the probability of being sued with a constructive dismissal claim, here are a few tips for you from experienced employment attorney:

  • Keep your workplace free from harassment, bullying, and discrimination.
  • Discuss employment agreement with a labor and employment law firm NYC to ensure it incorporates such situations in which the employer can change the duty, position, title, or schedule of an employee.
  • The agreement should be flexible to include unilateral changes at later stages of employment.
  • To remain impartial, make sure the changes you make do not affect a particular group or employee directly without any legitimate reasons.
  • Keep the engagement and communication between administration, senior position holders, and new chicks easy and positive. The more accessible people will be there in your company lesser the chances will be there for constructive dismissal claims.
  • If you make changes in one employee’s responsibility or role, give him a solid reason for that in writing. The same should be entertained in case you’re going to terminate one.

It mostly depends on how you treat the employees. If you act poorly and retaliate for minor issues, you’re probably close to some type of employment claim. Making changes in company policies, employment letters, and training programs can be a bit complex for you. It is better to take help from an experienced employment attorney who understands the relevant laws and rules.



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Written by Usha Sorkin

TREMITI LLC is a New York City (Manhattan) based law firm formed in 2003 that concentrates its practice in the representation of businesses and organizations in the core areas of Employment and Labor Law, before federal and state agencies, courts and in arbitration.

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