Topic
Constructive Discharge
200 published works
Dutton Employment Law Blog
Is a Layoff a Constructive Dismissal (COVID-19)?
Many are wondering, is a temporary layoff caused by Coronavirus COVID-19 related business slowdowns and closures a “constructive dismissal”? Temporary ...The post Is a Layoff a Constructive Dismissal (COVID-19)? appeared…
California Employment Law Update
Constructive Termination And Joint Employer Claims Were Properly Dismissed
By Tony Oncidi
St. Myers v. Dignity Health, 44 Cal. App. 5th 301 (2019) Carla St. Myers worked as a nurse practitioner at a rural clinic that was part of a medical center…
Stacey R. Ball Blog
Can Your Employer Reduce Your Salary?
Employers cannot alter a fundamental term of your employment without first letting you know. If they do, they put themselves at the risk of being faced with a constructive dismissal…
Canada in Focus
Pre-nups are to marriage as termination clauses are to employment: you need to consider the end at the beginning
In McGuinty v. 1845035 Ontario Inc., 2019 ONSC 4108, Justice Gordon awarded $1,274,174.83 in damages to an employee who had been constructively dismissed. The employee was employed pursuant to a…
Dutton Employment Law Blog
When an executive is asked to sign a new contract
Sometimes, an employer decides to force an executive to sign a new contract while they are still working (usually in case of promotion, or because the executive doesn’t have a…
Global Workplace Insider
Petit rappel du Tribunal administratif du travail : le licenciement « légitime » vs le congédiement déguisé
By Global Workplace Insider Team
Dans la décision, Romeo et Antoine Laoun inc., 2019 QCTAT 2887, rendue par le Tribunal administratif du travail (TAT), la juge administrative, Susan Heap, devait décider du bien-fondé d’une plainte…
Employment & Human Rights Law in Canada
Requiring Agility – How Much Can an Employer Change Job Duties?
By Lisa Stam
At SpringLaw we work with a lot of tech companies and start-ups who are all about agility. These employers often include language in their contracts that speaks to being flexible…
Screw You Guys, I'm Going Home
No, Constructive Discharge Doesn’t Equal A Lawsuit
Every once in awhile someone tells me they were constructively discharged, so they want to sue. They're surprised when I say, "For what?" That's because there’s no such cause of…
Labor Relations Update
NLRB Rejects “Constructive Denial of Transfer” and “Threat” Theories of Unfair Labor Practice Liability
As we hurtle toward Labor Day, and the probable onslaught of decisions, and as NLRB Member Pearce's tenure ends on August 27, the Board has been issuing a steady stream of…
The EPL Advisor
Rescinding Termination May Not Defeat Retaliation Claim
Proving that non-economic damages and perhaps attorney’s fees are driving forces in litigation, constructive discharge clams were asserted and survived summary judgment in a federal district court action in Oregon.…