Employees

Clear, practical advice for Alberta employees facing workplace questions or challenges.

Constructive Dismissal

If your employer has made substantial, unilateral changes to your job without your consent, or you are experiencing a hostile or toxic work environment that makes continuing your employment unbearable, constructive dismissal may have occurred. As a result of this substantial change, an employee has the option to declare their employment terminated, even though the employer has not explicitly done so. Minor changes to the employment relationship often do not qualify as constructive dismissal.

Common Examples of Constructive Dismissal

Constructive dismissal comes in many forms. Some examples of constructive dismissal include:

Elimination or reduction in wages, salary, commissions, bonuses, or other employee benefits;
Forced geographical relocation;
Workplace harassment and discrimination;
Demotion;
Temporary layoffs; or
Hostile or unsafe working environments.

Tips for Dealing with Constructive Dismissal

In Alberta, Employers are able to make reasonable or minor changes to your duties, job, or pay. Reasonable or minor changes include minor adjustments to your job role or responsibilities that don’t substantially impact your employment terms. For example, slight changes in work schedules, job tasks, or reporting relationships would be classified as “minor changes” and would not constitute constructive dismissal.

Employment Contracts and Constructive Dismissal

Your employment contract may have clauses which allow for specific changes that would otherwise constitute constructive dismissal. Ensuring that you understand the terms of your employment contract is crucial, as by accepting the employment contract you agree to all clauses contained within the employment contract.

Constructive Dismissal Damages

Often, employees who are constructively dismissed will be entitled to the same damage they would have received if they were terminated. At Lypkie Henderson, we help employees understand their rights and navigate these difficult situations. Our employment lawyers can assess your circumstances, determine whether constructive dismissal has occurred, and help you pursue fair compensation.

Your Next Step Starts Here

Whether you’re navigating workplace issues as an employer or an employee, we’re here to help. Book a consultation for practical and experienced advice.

What Our Clients Say

Chandrima Gupta helped me negotiate my termination settlement from a previous employer. She was understanding, patient, responsive, very knowledgeable and professional in dealing with my case. I highly recommend her and will not hesitate to call on her for future legal matters.

Judy Irvine

Chanice Pfau was incredibly helpful and knowledgeable in walking me through employment documents that were unfamiliar to me. She was professional and attentive while I explained my situation and she was thorough in helping me with next steps.

Kya Fairley

Tyler was wonderful with helping me out over my employment matter. Was quite friendly and took the time to make sure I understood the situation and the best way to proceed, including answering any questions I had. Thank you!

Riley Dixon

Lypkie Henderson Law Firm in Edmonton has been an invaluable partner for us. Their expertise in employment law and assistance in setting up both business and holding companies, not only in Alberta but also abroad, has been exceptional.

Mike Dalke

I've worked with this law firm many times for real estate, employment law and estate planning. They are professional, knowledgeable and experienced.

Taylor Hack

Mr. Tyler Lypkie is an excellent lawyer and an expert in dealing with the employment law. He is very friendly, helpful, and knowledgeable. Throughout the whole process, he focused on the key matters, caught the key elements, selected the right direction, assured me to proceed with more confidence successfully. I appreciate the valuable contributions from Rebecca as well. The staff from the front desk is also very nice.

Kunsong Ma

Tyler was great when I was discriminated against because of my workplace and my daughter with disabilities... I would highly recommend him !

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Nothings ever fun if you have to go to court but Tyler was professional and knowledgeable about the court process and made me comfortable with everything. In the end the outcome was what we had hoped for and I was happy.

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