Losing your job is tough, but feeling pushed out can be even worse. If your boss makes your work environment so toxic or your role changes so drastically that you feel like you have no choice but to resign, you could have a claim under Alberta’s constructive dismissal laws.
Here’s what you need to know (and what you can do about it).
What is Constructive Dismissal?
When your employer makes significant negative changes to your job without your agreement, leaving you no choice but to quit, that is known as constructive dismissal. These changes can include things like:
- Cutting your pay or hours
- Changing your job duties in a major way
- Moving you to a different location far from your original workplace
- Creating a toxic or unsafe work environment
- Harassing or bullying you on the job
If you feel forced to resign as a result of changes like this, the law may treat it the same as being wrongfully dismissed, meaning you could be entitled to severance pay or other compensation.
Common Signs You Might Have a Constructive Dismissal Claim
Here are a few red flags that could indicate constructive dismissal:
- Sudden pay cuts or demotions: If your income or title is reduced without your agreement.
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- Already agreed because you felt that you had to? Having second thoughts? You may still have a claim. Contact us to speak with our legal team for free.
- Big changes to your job description: Tasks or responsibilities that were never part of your role.
- Harassment or discrimination: A hostile environment that makes it impossible to stay.
- Forced relocations: Being transferred to a different city or province with no real choice.
How Constructive Dismissal Works in Alberta
Under Alberta’s Employment Standards Code and common law, you have rights if your employer fundamentally changes your employment without your consent. But proving constructive dismissal can be tricky.
You’ll need to show that:
- Your employer made significant changes or created an intolerable work environment.
- Those changes were not agreed upon.
- The changes effectively ended your employment relationship.
What to Do if You Feel Forced to Quit
Before you quit, talk to an employment lawyer. Why? Because resigning can impact your legal options. A lawyer can help you:
- Review your employment contract and company policies
- Document the changes and your employer’s actions
- Understand if your situation meets the legal test for constructive dismissal
- Negotiate a fair severance or pursue a claim if necessary
What Compensation Can You Get?
If you have a constructive dismissal claim, you may be entitled to:
- Severance pay: Based on your tenure, role, and ability to find a new job.
- Compensation for lost benefits: Including bonuses, commissions, or other perks you relied on.
- Damages for bad faith: In rare cases, if your employer acted in a particularly extreme way.
FAQs About Constructive Dismissal in Alberta
What’s the deadline to file a constructive dismissal claim?
You typically have up to two years from the date of your resignation, but it’s best to act quickly to preserve your rights.
Can I claim Employment Insurance (EI) if I quit due to constructive dismissal?
Possibly. If you can show you had “just cause” for leaving, you may still qualify for EI benefits.
Do I have to give notice if I’m resigning due to constructive dismissal?
Not necessarily. If the employer’s actions effectively ended your job, your resignation may not require notice. But speak to a lawyer first.
Talk to an Employment Lawyer Today
Think you might have been constructively dismissed? Don’t sign anything or quit without knowing your rights. At Litco Law, our team will walk you through your options, give you clear, practical advice, and fight for what you deserve.
Consultations are always free, and you don’t pay us anything unless and until we resolve your claim.
Contact us today to speak with our legal team for free. We’re here to help.