You may have been constructively dismissed if your employer has made negative changes to the terms of your employment without your consent, such as pay, location, duties, status, responsibilities, or hours. In addition, if your employer has harassed you, treated you abusively, or made your work conditions intolerable through workplace discrimination, you may have been constructively dismissed.
Not all negative treatment constitutes constructive dismissal. It must be a fundamental negative change. A minor dock in pay, slight change in duties, or an ornery boss, generally speaking, are not sufficient to constitute constructive dismissal.
It is common for employees in these difficult circumstances to feel like they are in a bind – should you continue to work under intolerable conditions, or take your chances on the volatile job market?
If you have been constructively dismissed, there is a third option – you may sue your employer for wrongful dismissal. Depending on the amount of severance you are entitled to, suing for wrongful dismissal might be your best option. If you have been constructively dismissed, it could end up a win-win for you – you get your severance pay and you get to leave the employer who has been treating you unfairly.