Constructive Dismissal Lawyers Calgary
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Why Choose Our constructive dismissal Lawyers
We provide clarity, peace of mind, and strategic guidance to help employees and employers navigate complex constructive dismissal situations.
If an employee has faced significant changes to their role, such as a demotion, pay reduction, or a toxic work environment, it may be considered a constructive dismissal. We’ll help you understand how the law applies to your situation, explore your options, and determine the best path forward. Book a consultation today to get clarity on the path forward.
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A constructive dismissal occurs when an employer makes significant changes to a key part in the employment contract, effectively ending the agreement. This is referred to as a “repudiatory breach” – essentially, the employer’s actions make it impossible for the employee to continue working under the original terms.
Constructive dismissal can be immediate or gradual. It can be a one-time action by the employer that changes an essential term of the employment contract (for example: significant pay reduction or demotion). Alternatively, it can be multiple actions taken together by the employer – including a gradual change in responsibilities, or prolonged negative treatment in the workplace – that show an intention to no longer honour the employment contract.
Determining whether constructive dismissal has occurred isn’t always straightforward, it depends on the specific facts of each case. Minor issues or small changes usually aren’t enough to support a claim of constructive dismissal.
Here are some examples of single actions by the employer that may indicate a constructive dismissal:
- a demotion
- a change in remuneration
- a change in responsibility or seniority
- a change in work location
Alternatively, a series of actions taken overtime may also suggest constructive dismissal. For example, if an employer creates a toxic or “poisoned” work environment through repeated actions, this pattern could eventually be seen as a breach of the employment contract.
If you believe you’ve experienced constructive dismissal, there are three options you can consider:
- Acceptance: You may choose to accept the new terms of your employment, either explicitly or by continuing to work under the changed conditions without objecting. This means your employment would continue under the new terms. In this situation, you would not be able to claim constructive dismissal.
- Rejection and return to previous employment arrangement: You can reject the change within a reasonable amount of time. If the employer allows you to continue working under the original terms of employment, then it means they have accepted your original contract.
- Rejection and constructive dismissal claim: You can reject the change within a reasonable amount of time, resign from your employment, and pursue a claim if the employer insists on enforcing the new terms of employment. This is known as a “constructive dismissal”.
As in any wrongful dismissal case, it’s important to minimize your damages by actively looking for new employment while you work through the situation.
Working through a constructive dismissal situation can be challenging, as the employer and employee may disagree on what constitutes constructive dismissal.
If the case goes to court, the employee bears the burden of proving that constructively dismissal occurred. A successful case could result in compensation for reasonable notice and other related costs. But an unsuccessful case could leave the employee out of their job, with legal costs and no compensation.
If you’re considering a constructive dismissal claim, our employment lawyers can help you assess the strengths and risks of your case and guide you on the best course of action for your situation.
Frequently asked questions about constructive dismissal
Constructive dismissal occurs when an employer makes significant changes to your employment contract or creates a hostile work environment that forces you to resign. Consulting with a lawyer can help you:
- Gain a clear understanding of your legal situation.
- Determine whether your case meets the criteria for constructive dismissal.
- Assess the strength of your claims through a review of facts and evidence.
- Understand the legal standards to prove constructive dismissal and the viability of pursuing legal action.
It is important to consult with a lawyer as soon as you think you have been constructively dismissed. Delaying your response could be interpreted as accepting the changes or your employer’s conduct.
Constructive dismissal consultations reviews can generally be completed within a week, depending on our availability.
Our standard fee for constructive dismissal consultations is $375, plus GST. The fee may be higher if the facts of your case are particularly complicated. This fee includes reviewing all materials you provide before the consultation, reviewing relevant precedents, attending the consultation, and answering follow-up questions after the consultation.
Demotions or salary reductions can be considered constructive dismissal, meaning you may have grounds to resign and sue for severance as if you were terminated. In these situations, it’s important to speak with an employment lawyer as soon as possible.
If an employer is asking you to sign anything, it’s a good idea to speak with an employment lawyer first.
You are always entitled to seek legal advice before agreeing to anything that might affect your relationship with your employer.
If you resign due to constructive dismissal, you may still be eligible for unemployment benefits. However, you must show that your resignation was due to your employer’s actions, not personal choice. It’s best to consult with a lawyer to understand how this could affect your eligibility for unemployment benefits.
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Our dedicated lawyers are here to provide clear, actionable solutions tailored to your specific needs. Whether you’re an employer or an employee dealing with a constructive dismissal, we offer insightful analysis and strategic guidance to help you understand your options. With a commitment to delivering clarity and effective representation, we work tirelessly to resolve your employment law concerns efficiently and favourably. Trust us to be your knowledgeable partner in navigating complex employment matters and finding the best path forward.
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Employment issues can be overwhelming. We simplify complex legal issues, helping you understand your situation and providing clear options for how to move forward.
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We understand how stressful employment matters can be. We approach every case with care, honesty, and respect, so you can feel confident knowing your situation is in good hands.
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We work with you to create a strategy that aligns with your goals and needs, guiding you through the process with a clear, focused approach.
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