Employees Forced Out - Constructive Dismissal
Digging deeper into the employment law issues of employees forced out / constructively dismissed.
EMPLOYMENT LAW | FIRED WITHOUT CAUSE | FIRED FOR CAUSE | LAYOFF | FORCED OUT | QUIT / RESIGN | CLASS ACTIONS
Contact Neufeld Legal PC at 403-400-4092 or Chris@NeufeldLegal.com
Constructive Dismissal arises where an employer has not directly fired an employee, but instead (i) has failed to comply with the employment contract in a major respect; (ii) unilaterally changed the terms of employment; or (iii) expressed a settled intention to do either thus forcing the employee to quit. This non-compliance or change to the employment arrangement must be significant and affect the core of the employment contract to constitute constructive dismissal, as opposed to some minor change or alteration.
Certain examples of an employer's unilateral actions constituting constructive dismissal can include:
• changing an employee's powers or responsibilities (loss of status or prestige);
• altering the particulars of an employee's job;
• reducing an employee's compensation;
• demoting an employee (without justification or consent);
• changing an employee's work conditions;
• relocating an employee's workplace (making for a longer or more difficult commute);
• changing an employee's shifts or hours of work;
• imposing a suspension or leave of absence;
• being subjected to a toxic work environment.
However, the entirety of the employment situation must be analysed and assessed against the prevailing law of the employment jurisdiction to determine whether or not the legal criteria for constructive dismissal have been created by the employer and the responsive action that must be taken by the impacted employee.
It is not sufficient that the legal elements of constructive dismissal exist, as it is also necessary that the impacted employee take appropriate responsive action so as to claim constructive dismissal (and such action must be taken within a reasonable period of time); failing which the impacted employee might effectively concede to their employer's unilateral and substantial alteration of a fundamental term or condition of their employment, and thereby be legally deemed to have accepted this change to their employment arrangement.
It should also be noted that there have been cases where courts have held that there has been a constructive dismissal even though the impacted employee remained in the continued employment of the employer, including where the employee had continued to work under the new conditions in order to mitigate damages, and either protested against these new conditions explicitly or by making it clear that the impacted employee still reserved their right to take legal action. In those particular cases, the employee was said to have not condoned or accepted the change in working conditions, with the employee having either formally commenced legal proceedings in respect of the change while remaining in the continued employment of the employer, or while not having formally initiated court proceedings had been attempting to negotiate the matter while remaining at work. Nevertheless, it is important to remember that every scenario is fact-specific, such that engaging legal counsel with respect to the specifics of one's own particular situation is absolutely essential..
So if you're looking for a lawyer to provide a distinct approach to reviewing and pursuing an increased termination and severance pay-out, or your looking for a second opinion, do not hesitate to contact Christopher Neufeld at Chris@NeufeldLegal.com or 403-400-4092.
* If you've recently accepted a termination and severance pay package, and only now are you realizing that you may have taken considerably less than what you deserved, we may still be able to assist you. Even if its been years since you lost that particular job and you are now questioning whether or not you might owed money from your former boss, contact us to see what options might be available to yourself, given that the Alberta Employment Standards Code does provide some very significant employee pay protections that not only most Alberta employees, but apparently most Alberta employment lawyers, are unaware of.