What is a constructive dismissal?
A constructive dismissal is a form of wrongful termination in Washington employment law. It occurs when an employer makes significant changes to an employee’s job duties, pay, or working conditions without their consent. This type of dismissal is sometimes referred to as a “constructive discharge” due to the fact that the employee is forced to leave their job, despite not having been outright fired. Constructive dismissal can be intentional or unintentional. Intentional constructive dismissal occurs when an employer deliberately makes changes to an employee’s job or working conditions in order to force them to quit. Unintentional constructive dismissal, on the other hand, occurs when an employer implements changes without intending to force the employee out. Constructive dismissal is a violation of Washington employment law and can carry serious consequences for employers. Employees who have been the victim of a constructive dismissal can seek legal recourse, including the lost wages they would have earned if the dismissal had not occurred. Constructive dismissals can be prevented by employers who take the necessary steps to ensure their employees’ job duties and working conditions are not altered without their explicit consent. This includes regularly consulting with employees about any changes that are to be implemented in the workplace.
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