Did you know that an employer needs to obtain an employee’s consent to change an important term of the employment agreement?

It may be considered a termination if consent is not obtained and certain other conditions are met.

This is called constructive dismissal and it triggers the same obligations for an employer as a straightforward termination. This may mean the employee is entitled to a severance package.

There are two types of constructive dismissals. The first is when the employer breaches a term of the employment contract. The second is when the employer’s conduct shows an intention not to be bound by the employment contract.

The employment contract does not have to be written.

Contracts often contain implied terms that are not expressly written or stated by the parties and include things like an employer’s obligation to provide reasonable notice of termination.........

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