Demotion as discipline
Many employers assume that they can demote an employee as a disciplinary measure and are shocked to learn that doing so might constitute a constructive dismissal. In fact, it will be a constructive dismissal in most cases.
About Rudner Law, Employment / HR Law & Mediation
A time for second thoughts?
What recourse exists when a party to a settlement abruptly refuses to execute the settlement materials? As it happens, quite a bit.
What is “consideration”? Employers beware when implementing new agreements
Consider this: you provide a new agreement to an existing employee. The agreement contains a termination clause limiting the employee’s entitlements upon termination to the minimum under the statute. The employee signs the contract. Several years later, after dismissing the employee and providing them with their minimum statutory entitlements, you receive a letter from the employee’s lawyer seeking 24 months of pay in lieu of notice.
