Calgary Constructive Dismissal Lawyers

If your employer made significant changes to your role that forced you into quitting your job, you may be able to make a claim for constructive dismissal. In Alberta, constructive dismissal doesn’t necessarily mean your boss was outright horrible. It can be more subtle, like a company restructuring that significantly impacts your responsibilities or wage. 

“An example could be that your employer made such drastic changes to your role, work environment, or terms of employment that you’re left with no real choice but to quit. If you don’t agree to these changes, you may have grounds for a claim.”

– Cole Lefebrve, Employment Lawyer, Litco Law

We’ve been serving Albertans in Calgary and across the province since 1976, and we know Alberta employment law inside and out. Losing your job is stressful. We’re here to make it easier. 

What Qualifies as Constructive Dismissal?

Constructive dismissal typically occurs when an employer fails to uphold the terms of your employment contract or changes those terms without your consent. You’re not officially fired, but you’re placed in a position where your only real option is to leave. It’s sometimes described as “quitting with cause.” 

In Alberta, constructive dismissals are addressed under Part III of the Canada Labour Code. 

You may have a claim if your employer made major changes to your: 

• Role or title (e.g. demotion) 

• Responsibilities 

• Pay, benefits, or bonuses 

• Working conditions 

• Hours of work 

• Work location (especially if it’s in a different city, province, or country) 

• Status (e.g. unpaid leave or suspension) 

• Workplace environment (e.g. abuse, harassment, or toxic conditions) 

This list isn’t exhaustive. If you’re unsure about your situation, we’re happy to help. Contact us here to speak with an employment lawyer.  

What If You’ve Already Quit?

Speak with an Alberta Constructive Dismissal Lawyer as soon as you can. Explain what happened and why you left. 

The sooner you do this, the better. Your lawyer can: 

• Assess whether you have a strong claim 

• Help you negotiate severance 

• Guide you through your legal options 

If severance isn’t possible or advisable, your lawyer may recommend pursuing a court claim. Contact our team today to learn more.  

What kind of evidence helps a constructive dismissal claim?

To build your case, you’ll want to gather things like: 

• Emails or messages between you and your boss or HR 

• Proof of any significant change to your job 

• Notes from meetings or performance discussions 

• Pay stubs or other records showing changes in compensation 

It’s best to start collecting this information as early as possible. We can help you understand what courts typically look for. 

Still Working But Thinking About Quitting?

If you’re reading this and haven’t left your job yet, you’re already ahead. The most important thing you can do right now is not to act on impulse. 

Talk to a lawyer before you resign. They can help you: 

• Determine whether you have a potential claim 

• Gather the right evidence in advance 

• Strategize your exit to protect your rights 

And remember, it’s free to speak to one of our Calgary Constructive Dismissal Lawyers. 

If you’re thinking of making a claim, here are our recommendations: 

• Do not accept major changes you disagree with 

• Do not sign anything from your employer without advice 

• Do speak to a lawyer first 

Timing Matters

We often hear from people who endured unfair treatment for months or even years. But the longer you stay without objecting, the harder it can be to prove your claim. This doesn’t mean you need to quit immediately, but you should take steps quickly. 

IMPORTANT! In Alberta, you generally have up to two years to make a claim. Waiting too long can mean losing your right to compensation entirely. Other deadlines may apply depending on your case. 

If you’re unsure, reach out to us for a free consultation. 

Our Calgary Constructive Dismissal Lawyers Are Here for You

Every workplace situation is different. That’s why talking to a lawyer is the best way to protect yourself. At Litco Law, it won’t cost you anything to speak to a Calgary Constructive Dismissal Lawyer.  

Contact us today to speak with a member of our legal team for free. And if you choose to work with us, you don’t pay us anything until and unless your claim is resolved.  

FAQs

What if I stayed in the job after the changes?

It doesn’t automatically mean you accepted the changes, but the longer you stay, the harder it can be to prove otherwise. Talk to a lawyer as soon as you can. 

Does a toxic work environment count as constructive dismissal?

Yes. If your workplace becomes hostile or abusive and your employer fails to fix it, you may have a claim. 

Is it really free to talk to a lawyer?

Yes. Consultations are always free, and we never bill by the hour. If we take your case, you don’t pay anything unless we win compensation for you. 

For more FAQ’s on employment claims click here.  

Our Locations

Our main office is based in Calgary, with additional locations in Edmonton, Red Deer, and Lethbridge. You’ll find our Calgary team at Suite 200 in Britannia Crossing, located on Elbow Drive SW and just a short drive from Chinook Centre. In Edmonton, we’re located at Unit 230, 8414 109 Street NW, right in the Garneau neighbourhood near the University of Alberta. And with secure virtual options, we’re proud to support clients throughout Alberta, wherever you call home.