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Many Calgary employees believe they have no case because they technically still have a job. But they usually do. When your employer unilaterally changes the fundamental terms of your employment — your pay, your role, or your working conditions — the law treats it as a termination. You may be entitled to full severance without ever being formally fired.
A constructive dismissal occurs when your employer makes a substantial, unilateral change to your employment terms — without your consent. These changes typically fall into three categories. Compensation changes are among the most common, particularly in Calgary’s energy and tech sectors: a pay cut of 10% or more, removal of a guaranteed bonus, or a restructured commission plan. Role changes — a demotion, the removal of direct reports, or a significant stripping of responsibilities — can be equally serious. Working-conditions changes include a forced relocation, a major schedule overhaul, or a poisoned work environment caused by harassment that the employer refuses to address.
The most common mistake in a constructive dismissal is resigning without first objecting to the change on the record. If you walk out without protest, your employer will argue the change was either accepted or not substantial. Before you do anything — before you resign, before you sign a new contract, before you respond to your employer in writing — get legal advice. How you leave determines whether you are paid.
Don’t quit before talking to us. Acting in the heat of the moment — or saying nothing in the hope that things improve — can both cost you everything. Constructive dismissals require a steady hand. We’ve helped hundreds of Albertans exit on their terms, with their full severance.
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Workplace challenges can be difficult to navigate alone. Our firm is committed to helping employees understand their rights and find the right path forward.
When your employer makes a substantial change to your job, they have signalled an intention to abandon your original agreement. Alberta courts apply a two-part test to determine whether a constructive dismissal has occurred: was there a unilateral and substantial change to an essential term of your contract, or a course of conduct — such as harassment or a toxic environment — that makes continued employment intolerable? We assess your situation against that standard and build the case.
Once the constructive dismissal is established, we send a formal demand to your employer and negotiate a severance package equivalent to what you would be owed in a wrongful dismissal — including base salary, bonuses, benefits, and pension contributions through the full notice period.
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Employment Law Advocates made a stressful situation so much easier to navigate. Their team was responsive, knowledgeable, and fought hard to secure the outcome I deserved.
Employment Law Advocates made a stressful situation so much easier to navigate. Their team was responsive, knowledgeable, and fought hard to secure the outcome I deserved.
We work with employees from all backgrounds who need trusted legal guidance during difficult workplace situations, including severance package reviews and wrongful dismissal claims.
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