Appealing Constructive Dismissal (forced resignation) is a complex but vital legal mechanism for employees who were forced to resign due to intolerable treatment by their employer. Often, to avoid paying severance, employers use tactics to make an employee leave "voluntarily": reducing salary, changing work location, bullying, or stripping away duties. However, in the eyes of the law, if the resignation was caused by the employer's fundamental breach of contract terms, it equates to dismissal. Consequently, the employee has the right to claim compensation as if they were wrongfully terminated.
What Does the Constructive Dismissal Claims Service Cover?
Specialists on Legal.ge help you prove that your "voluntary" departure was actually coerced:
- Documenting Facts: Gathering evidence (emails, audio recordings, witness statements) confirming pressure or deterioration of conditions by the employer.
- Preparing a Grievance: Submitting a formal complaint to the employer before resigning, which is essential for future litigation.
- Drafting the Resignation Letter: formulating the letter so that it clearly shows the real reason for leaving (protest) and not just a desire to quit.
- Court Dispute: Filing a lawsuit claiming compensation or back pay.
- Establishing Discrimination and Harassment: Proving the link between the toxic environment and the forced resignation.
Common Real-World Scenarios
Constructive dismissal often happens through the following scenarios:
- Illegal Salary Reduction: When the employer unilaterally cuts pay to force the employee out.
- Stripping of Duties: A qualified manager is stripped of their team and given menial or meaningless tasks.
- Change of Work Location: Moving an employee to a distant branch or a basement to create discomfort.
- Mobbing and Bullying: Systematic yelling, criticism, and psychological terror from a manager.
Georgian Legislation and Legal Framework
The concept of constructive dismissal stems from the principles of the Labor Code of Georgia, which prohibits discrimination, harassment, and unilateral changes to contract terms (Article 11). However, the burden of proof here is harder than in direct dismissal. The employee must prove that the employer's actions made continued employment impossible.
According to court practice, if an employee writes "Please release me based on my personal application" without stating a grievance, winning the dispute becomes difficult. Therefore, it is critically important to involve a lawyer before writing the resignation letter.
Step-by-Step Process with a Specialist
The right strategy is crucial:
- Consultation: Do not write a resignation letter without consulting a lawyer.
- Sending Grievance: A written demand to the employer to stop illegal actions.
- Resignation with "Protest": Writing the letter with specific wording.
- Dispute: Claiming compensation in court.
Why Choose a Specialist on Legal.ge?
Constructive dismissal cases are among the most legally difficult categories. It requires building a solid chain of evidence. Specialists on Legal.ge will help you plan your strategy so you don't lose your right to compensation and expose the employer's unfair tactics.
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