Have you ever had a job and it got so bad that you finally had to quit? Maybe that’s exactly what your boss wanted you to do. When employers don’t have just cause to fire an employee, they’ll often do things to try to force them to quit. Where I come from, that’s called constructive dismissal, but I’m sure there are lots of other names for it. If they can force you to quit your job, employers don’t have to pay you severance or other forms of compensation, and they don’t have to worry about wrongful dismissal lawsuits, or so they think.

Why would an employer want to get rid of a good employee?

Sometimes it just doesn’t make sense. You’re a hardworking employee, you always do a great job and you have years of experience and knowledge. Yet, for some reason, your employer has started to treat you like garbage. Don’t take it personally (well, do take it personally), but don’t blame yourself. There are lots of reasons why an employer would want to get rid of a good employee. Sometimes, when a company is in financial trouble, they’ll resort to getting rid of their more senior, high income employees to save money. On occasion, a new manager comes along and they just can’t stand or are threatened by someone so they try to get rid of them. Maybe someone has a grudge against you for something you said in a meeting six months ago and they want you gone, no matter what.

What does a constructive dismissal look like?

I became the target of a constructive dismissal and didn’t realize that there was a term for it until I talked to lawyer about things that were happening to me at work. After I described my situation, the lawyer said “it sounds like a constructive dismissal and they are trying to force you to quit. Don’t do anything without talking to a lawyer first.”

When your employer decides that they want to get rid of you, they’ll do things that they know will irritate, insult, infuriate, and demoralize you. They might start slow, but over time they’ll resort to more blatant and overt acts if they’re not having any luck nudging you out the front door. There are several things that your boss might try to force you to quit:

1. Take away perks and privileges that you’ve enjoyed for a long time, for example, flex hours.
2. Switch you to a horrible shift like graveyards.
3. Force you to cancel vacation time that’s already booked and paid for at the last minute.
4. Force extra work on you while co-workers who aren’t pulling their weight are left alone.
5. Pass you over for a promotion and then hire someone with less experience or ability.
6. Insult you in meetings. For example, you make a comment and your manager says something like “good thinking, Einstein.”
7. Post your position while you’re still in it. This actually happened to me. A company I worked for advertised my position and my manager made a point of coming over to my desk and saying “there’s no one internal or in this area with the experience to fill this position. We might have to hire someone in another city.” Meanwhile I’m sitting there thinking “are you serious, there’s no one anywhere more qualified to do this job than I am.”
8. Lateral movement or demotion. You have a position that you really like but suddenly you are moved into a different role. It may not involve a reduction in pay or level in the company organizational chart, but it’s a slap in the face nonetheless.

Taken on their own, none of these things are likely to make anyone quit their job but in combination, they can wear down the most stoic person and sent them racing for the door.

What should you do if you think that you are being forced to quit?

If you think that your employer is trying to force you to quit, you have to make some difficult decisions. No doubt, when it gets to this point, you are miserable at work and the temptation is walk away is pretty strong. If you decide to hang on for the bumpy ride, here are some things that you can do to help make a softer landing.

1. Start looking for other opportunities. Your dream job could be right around the corner and if you aren’t looking, you might miss out.
2. Talk to your manager and make it clear that their behaviour is inappropriate. If they know that you are going to stand up for yourself, they may back off and pick an easier target.
3. Don’t give anyone ammunition or cause for firing you. Do a great job and cheerfully take on any extra work that is thrown at you, within reason.
4. Document everything. Save nasty e-mails, take notes at all meetings, and if someone says something insulting at a meeting, document it.
5. Talk to someone in your HR department. Always remember that HR is on the company’s side but you should have your concerns officially recorded in case things get nasty later.
6. If you belong to a union, talk to your union representative and let them know what’s happening.
7. Talk to a lawyer. If you feel like you are being unjustly victimized and bullied, get legal advice.

What to do if you lose your job

If you manage to swallow your pride and hang on, but in the end your employer dismisses you and offers you a severance package of some sort, don’t sign anything until you’ve had it looked at by a lawyer. Call it whatever you want, but constructive dismissal is a form of wrongful dismissal, and you have rights when it happens to you. Make sure that you are getting what you are entitled to.