At Lypkie Henderson, one of the core elements of our mission is to help educate the public about the legal rights they may have in different situations. We draw on the perspective of employment lawyers in Edmonton to guide employees in assessing when an employer may be acting unfairly. Constructive dismissal is a form of wrongful termination in Alberta when the employer creates unworkable conditions but does not formally end the employment agreement.

Many employees may simply quit when their situation becomes untenable, because they may not be aware of their rights. You should understand what red flags to look for so you can better position yourself to exercise your legal rights regarding notice or severance. Constructive dismissal typically involves an intolerably hostile work environment or sudden, unexplained changes to the nature of your job.

What Is a Fundamental Change in Employment?

How can you tell if an employer has fundamentally changed the nature of your work? The courts typically examine events on a case-by-case basis to determine whether the employer made significant, arbitrary, and unilateral changes to the terms of your employment agreement. It’s not about just a couple of bad days at work, which everyone may experience. However, when a pattern of discrimination, hostile behavior, or changes in duty emerges, you may want to pay closer attention to the circumstances.

Watch Out for These Red Flags

Here are some of the signs that indicate your employer may be in the midst of trying to dismiss you from employment constructively. These are the most common. Though there are others, these are often the easiest to notice and to document.

• Sudden and unexplained cuts in your rate of pay or the benefits you receive. For example, this could look like an employer altering a commission-based structure and lowering compensation without your consent or participation in the discussion.
• Changes in your job responsibilities without warning or functional demotions, such as when a higher-level manager undergoes a sudden reassignment to low-level or even entry-level duties that don’t match their skills and experience.
• Changes in the workplace that create a toxic environment, such as persistent harassment where no action is taken regarding employee complaints.
• Unpredictable scheduling, such as a full-time employee dropping to part-time hours, or schedules that change without notice and on a whim.

When you notice these red flags, it is imperative that you take action immediately.

Avoid These Common Pitfalls

To have a better chance of bringing a successful constructive dismissal claim, it’s important to watch out for common mistakes employees often make in these situations. Such mistakes include:

• Resigning from the job too quickly to take action.
• Failing to document the behavior or changes in the workplace that amount to constructive dismissal.
• Signing documents that show they agree to or understand the changes.
• Waiting too long to act on a clear pattern.

How you act before and after workplace changes matters. It is critical to avoid giving the impression that you accept the changes, as this can weaken your claim.

Your Legal Next Steps

You’ve spotted the red flags. You’ve seen a pattern developing. You’re not happy with the situation in your workplace, and you think a constructive dismissal is in play. What should you do next?

• Document key facts and retain information, such as emails, performance reviews, and the dates of certain actions.
• Avoid hasty resignations before you have the chance to speak to a lawyer.
• Document your objections to the employer over the changes in writing.
• Avoid delays in seeking legal help.

Do not delay. There is a very narrow window of opportunity for employees to claim constructive dismissal. The sooner you reach out for legal assistance, the better your chances of moving forward with the claim.

Learn More About Your Work Situation Today

Because there is such a narrow window to make a claim, you must know how to spot constructive dismissal through the red flags described here. You must be ready to document the changes. Also, you should take prompt action to build a stronger case with employment lawyers in Edmonton. You have rights when you experience wrongful termination in Alberta.

Connect with Lypkie Henderson today for a more detailed assessment of your situation and guidance on next steps.