To qualify as a constructive dismissal case, must the employer’s end goal be that the employee quit?
I’m currently employed in a situation where they want to transfer 100% of my duties away from what I was hired to do and what I’ve done for the past several years. The new duties would be 100% under sales, versus the non-sales job I had. An argument could be made that previously my role supported/managed sales peoples and 10-15% of my time was selling to a few clients. But I was in a sales person, they were just clients. I had good relationships with through my other role.
Because of financial struggles, management wants me to sell full-time, despite me saying (never in writing) that I dislike sales and don’t want that as a career. The reasoning is that I’m the only staff member capable, and we’re having difficult financial times. I do agree that there isn’t a staff member available to take on that role, and I certainly agree that we are in a very difficult financial situation. I just don’t think they have any answers or ideas on improving it and see this is the only option.
But in the couple weeks of this new role, I am completely miserable and applying for new jobs. I’m not in a situation where I can quit without another job lined up. I’d rather be fired because I could at least get unemployment. Hence my question about constructive dismissal, if I were to quit.
I do think how an inept manager has constructed things, they can be profitable with the reduction of my salary/benefits. I just see the situation as me quitting or me helping improve. The sales situation is an A/B for them. It just isn’t a solo attempt to getting me to quit.