The employment contract between individuals and companies sets guidelines and establishes expectations for both parties, regardless of whether the contract is written or otherwise. It is the bedrock of the modern economy and the reason for successful employment relationships. However, not every employer always abides by these contracts. Employers may seriously alter employment terms without the employee’s consent or consultation. Working with an employment lawyer in Edmonton may be necessary when that happens. Why?

Constructive dismissal claims are profound. You may have a claim for compensation similar to one for wrongful dismissal in Alberta.

Defining Constructive Dismissal

Minor or routine changes to an individual’s job description aren’t constructive dismissal. In the course of doing business, needs and processes may change. Roles and employment relationships often shift with those changes. These are typical and expected alterations.

However, employers may take substantial actions that significantly alter one’s work experience or compensation rate. These changes are often unexpected, potentially severe, and may even seem punitive. Constructive dismissal occurs when an employer makes a unilateral change to a fundamental term of an employee’s employment such that any reasonable person in the employee’s position would believe that the employer no longer wishes to maintain the employment relationship.

How Does Constructive Dismissal Look?

The specifics of any constructive dismissal claim are vital. Recognizing when an employer may try to engage in this practice is essential to building future cases. Some common examples of constructive dismissal include:

• Sudden demotion in rank or duties unrelated to actual job performance;
• Forced relocation, such as moving to a far-flung office from your residence;
• Drastic reductions in wages;
• Frequent and disruptive schedule or shift changes unrelated to business needs; and
• Excessive workplace harassment.

These are just a few examples. Speaking with an employment lawyer in Edmonton can illuminate whether your experience rises to this level. Generally, if you feel that the actions of an employer have left you no choice but to quit your job, you may be looking at a constructive dismissal.

What Should You Do if You Think You’ve Experienced a Constructive Dismissal

Successfully mounting a constructive dismissal claim requires some certainty in the employer’s hostile actions and a forceful response from the employee. Employees who believe they’re being constructively dismissed should reject the changes presented to them by the employer. It is also extremely important to act on this constructive dismissal as soon as possible, as delaying the response may constitute an acceptance of the change in your employment.

Speaking with a legal professional in this area as soon as possible is essential to taking your next steps. Constructive dismissal cases can be complex. Employees who lodge such claims should expect to resign from the company to begin pursuing their claim.

The Outcomes of a Constructive Dismissal

If you lodge a constructive dismissal claim and pursue legal action, what happens if you succeed in court? The damages levied against employers are typically similar to those of wrongful dismissal in Alberta. Your dismissal will be treated as if you were dismissed from your employment without cause. The employer may owe you a severance package based on your role and time of service.

If your employer engaged in targeted harassment against you, you may be able to obtain additional damages in a victory. In the most severe cases, you may even have the opportunity to seek relief from the Alberta Human Rights Commission.

Know Your Rights As Soon as Possible

Litigating a constructive dismissal claim is complex and difficult, and employees should seek clear and experienced insights. Legal professionals can help you understand the nature of constructive dismissal. They can also assist you with determining whether you have a valuable, actionable claim to pursue.

At Lypkie Henderson, our team has a wealth of experience to draw upon in employment law. We can help you determine today whether your employer is potentially in breach of your employment contract. If you have questions or concerns about occurrences at your job, contact us today for a consultation about your case.