Massachusetts laws protect the employees when they are terminated for false reasoning. For instance, if your employer suddenly and without forethought changes your job description to prevent you from performing necessary tasks due to your current skill set, he or she could use this to dismiss you. This concept is referred to as constructive dismissal. If you were let go due to similar circumstances, you should contact Employment Law Attorneys Northampton MA through Connor Morneau & Olin today.
Reviewing Constructive Dismissal
Constructive dismissal is a tactic used by employers when they want to terminate a specific worker when they lack the grounds. Through this process, they alter the job duties to require skills in which they are aware that the worker doesn’t have. For instance, the worker was hired to perform data entry. If the employer changes the daily tasks to include generation of databases and the worker doesn’t possess these skills, this could force the worker to resign based upon an inability to perform their job duties.
Further strategies to force resignation include intolerable treatment by the employer. For instance, an employer who is aware that the employee has small children and is unable to work nights and weekends could modify their schedule to reflect these new requirements. This could cause a conflict for the worker to leave voluntarily.
How Does This Benefit The Employer?
When the worker resigns, the employer is no longer required to pay them unemployment wages. It could also allow them to eliminate any other costs associated with the worker, including health care and profit sharing. However, the employee is protected under Massachusetts law that prohibits these actions in specific circumstances. If the employee’s wages were suddenly reduced, for example, this could present them with a viable case against their employer.
Workers who find themselves unemployed due to the above-mentioned actions should identify their rights under employment laws by consulting an attorney. In some cases, he or she has a legal claim against the employer and could sue for lost wages. If you were the victim of constructive dismissal, you should contact Employment Law Attorneys Northampton MA to help you today.
