Constructive Dismissal

Calgary Constructive Dismissal Lawyers

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As an employee, you have the right to not be fired from your job without proper cause or proper compensation. However, employers don’t always adhere to the law and sometimes try to avoid paying compensation by altering the terms of employment or changing job duties to force the employee to quit. This nefarious practice is called constructive dismissal and is prohibited by labor laws in Canada.

If you believe you were indirectly fired or forced out of your job through constructive dismissal, then please get in touch with our talented and compassionate employment law firm in Calgary at Guardian Law Group so we can discuss your case and determine if you are eligible to pursue damages.

Constructive Dismissal Explained

Constructive dismissal, also called “disguised dismissal" or "quitting with cause,” occurs when an employee is not directly fired by their employer (as opposed to wrongful dismissal where an employee is directly fired). Rather than dismiss the employee for just cause, the employer suddenly or frequently makes substantial changes to the terms of employment until the employee is forced to accept the change or quit the job altogether.

The change initiated by the employer must be a “substantial alteration of a fundamental term or condition of the employment.” Additionally, constructive dismissal is determined based on an objective view of the employer's conduct and just the employee's perception of the situation.

It is important to note that the employer's action must be unilateral and executed without the consent of the employee. If the change to employment terms or duties is not unilateral, then it is not constructive dismissal and is instead considered an agreed change to the contract of employment.

When an employee clearly indicates they don’t accept the new conditions of employment to the employer, then there is a case for constructive dismissal if the employee leaves the job within a reasonable period of time. If the employee doesn’t resign within a reasonable period of time, then the employee indicates they accept the new conditions of employment.

Examples of Constructive Dismissal

Some of the common significant changes that we see in constructive dismissal cases include the following:

  • Changing the employees' duties and responsibilities at work
  • Demoting the employee to a less desirable position
  • Changing an employee's salary
  • Moving locations for the position
  • Changing the workplace to make it difficult for the employee to perform their job
  • Unreasonable changes to the employee’s schedule or work hours
  • A significant change to an employee’s benefits or compensation
  • Any significant change to the work term and how much work is expected of the employee

Request Legal Advice from Our Calgary Constructive Dismissal Lawyers Today

At Guardian Law Group, we have a stellar reputation for providing our clients with forward-thinking legal solutions. When you turn to us to assist with your case, we will explain all of your options under the law and proactively address the legal implications that you need to be prepared for. Help is just a quick phone call or email away, so please don’t hesitate to reach out today.

Call (403) 457-7778 today or contact us online to schedule a case consultation with one of our understanding lawyers.

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