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Constructive Dismissal - Sawers McFarlane

Parting Ways the Right Way

Getting terminated from a job for any reason is never pretty business. But what most people don’t know is that employers have legally mandated responsibilities regarding how they must conduct terminations – and none of them involve pressuring you out the door. If your employment conditions were made so bad that you felt obligated to resign, you may have a constructive dismissal case under the letter of the law. Constructive dismissal is the term used to describe a situation where an employer makes fundamental – and often detrimental – changes to the working environment, terms, and conditions of employment. Oftentimes, it’s done as a means to force you to quit without formally undertaking the process to terminate your employment. Constructive dismissal is illegal, and you will need a skilled employment lawyer to represent you and protect your rights if you find yourself in that unpleasant situation.

The Nuances of Constructive Dismissal

Determining if you’re the victim of a constructive dismissal can be a complex process because every employment situation is unique and there are numerous claims you can make for wrongful dismissal. Five very common precursors to constructive dismissal are:

  • Cuts in salary
  • Unexpected demotions
  • Inconvenient geographic transfers
  • Abusive treatment from your superiors
  • Anything that would constitute setting you up to fail at your job.

Any of the aforementioned infractions may be indicative of a constructive dismissal; you should consult with an employment lawyer who can evaluate your particular circumstances. Significantly, you don’t have to be told you’re being terminated in order to be entitled to compensation from your employer for constructive dismissal; if a lawyer proves that your employer engaged in conduct that constitutes a constructive dismissal, you may leave the company and be able to claim severance pay and other damages as though you were terminated.

In some cases, you may seek legal advice only to learn that you were not wrongfully terminated or constructively dismissed. But if you have little doubt that your employer is treating you abnormally to motivate you to resign, the services of an experienced and qualified employment lawyer will go a long way to help you understand how to approach the situation. Your lawyer will thoroughly evaluate your case, advise you of your options, and ensure that your legal rights are protected.

The Employment Law Firm of Sawers McFarlane: Protecting Your Future

With over 35 years of combined experience, the lawyers at Sawers McFarlane are committed to helping every client with their unique employment challenges. They can provide advice about any labour or employment problem, and can represent employees in negotiations, hearings, and litigation if necessary. No matter how complex the case, Sawers McFarlane is there to make sure that your rights are protected and your best interests are served. They have served thousands of clients in the Calgary area and across Western Canada, and have earned a reputation as professional, tenacious, and efficient legal advocates. Sawers McFarlane is located at #920 250 5th St. SW, Calgary, Alberta T2P 0R4 or they may be reached by calling (866) 790-3221