what is ‘constructive dismissal? – Are You Sued For Constructive Dismissal?
what is ‘constructive dismissal?
In a recent case in Florida, an employer was found guilty of trying to get rid of a troublesome employee via legal bullying and suing for constructive dismissal instead. This happened in January, when the then-brand-new manager refused to give the worker a bonus, which he had earned due to his hard work and loyalty. According to the court, this employer abused his power by suing for constructive dismissal, which is a wrong practice under Florida state law. According to experts, suing for constructive dismissal is never a good idea.
Both levels of court agreed that the offending employer violated the FDCPA (Employee Compensation Code) by suing for constructive dismissal instead of paying the worker the previously awarded yearly bonus. Furthermore, the court found the employer was owed the money by the employer. Finally, the court found the worker should have explored other possible dispute resolution options other than suing and getting a constructive dismissal instead. In essence, the court found the employer abused his power, which resulted in him suing for administrative suspension rather than being paid the agreed annual bonus.
So, what is ‘constructive dismissal?’ As defined in the Florida State Manual, it is a decision by an arbitrator or court, which is not motivated by a desire to remove an employee for any unlawful reason, to correct a clerical error, or to balance the work schedules between different employees. Therefore, an employer cannot use this as a way to unfairly dismiss employees. Also, this is not considered a means to ‘manage’ employees or to take control of the workplace.
Are You Sued For Constructive Dismissal?
So, if the employer does sue for it, what damages are recoverable? Florida state law specifically addresses the damages that may be recovered. In order to recover damages from the employer for constructive dismissal, you must prove that (I) the employee participated in a constructive employment agreement; (ii) the employer deprived the employees of their right to equal employment opportunities; and (iii) there was a material and unfair detriment to the employees as a result of the employer’s action. In order to recover damages for wrongful termination, you need to show that the termination was wrongful and caused actual damages to the plaintiff.
The Florida Supreme Court has addressed the essential term of the word ‘creative’ in its decisions numerous times. The essential term in this case is ‘terms of employment.’ So, if the terms of employment do indeed constitute the creation of a contractual relationship between an employee and an employer, then the employment relationship itself forms the basis for a case against the employer for breach of the implied contractual duty.
For example, let’s say that I’m an employee who loves the great outdoors. My supervisor asked me to take a leave of absence in favor of an opportunity for more outdoor work, and the reason given was that he believed that I would substantially change an essential term of the existing contract between us. There was no reason given to me for taking this leave other than that the boss believed that I would significantly change the terms of the contract. Under these circumstances, a case could be made against the employer for violation of the implied contractual duty owed to me in the employment relationship.
