CONSTRUCTIVE DISMISSAL HELP AND GUIDANCE

Constructive Dismissal Lawyers in Calgary

Experiencing constructive dismissal in Alberta can be emotionally challenging. Constructive dismissal occurs when an employer’s actions make it impossible or unbearable for an employee to continue working, forcing them to resign. If you’re facing constructive dismissal issues, it’s essential to consult a lawyer who specializes in in constructive dismissal.

When it comes to constructive dismissal, seeking the assistance of a qualified lawyer is crucial to protect your rights and navigate the legal complexities involved. Our employment lawyers can help you understand if you have a case and guide you through the process. They can assess the strength of your claim by evaluating the changes to your employment conditions, determining if a hostile work environment exists, and reviewing the exhaustion of internal resolution options.

We can provide legal guidance, negotiate on your behalf, and represent you in legal proceedings if necessary. By consulting with one of DLegal’s constructive dismissal lawyers, you can ensure that your interests are protected and pursue a fair resolution to your case.

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When To Contact a Constructive Dismissal Lawyer

SIGNIFICANT CHANGES TO EMPLOYMENT CONDITIONS

If your employer makes substantial changes to your job role, such as a demotion, reduction in salary, or alteration of working hours without obtaining your consent, it could be considered constructive dismissal. Our Calgary employment lawyers can assess the impact of these changes and determine if they meet the legal threshold for a claim.

HOSTILE WORK ENVIRONMENT

If you are experiencing a hostile work environment characterized by harassment, discrimination, bullying, or other forms of mistreatment that make it unbearable for you to continue working, it may qualify as constructive dismissal. We can help gather evidence of the hostile environment and guide you on how to proceed.

EXHAUSTED INTERNAL RESOLUTION OPTIONS

If you have attempted to address your concerns with your employer through internal channels, such as reporting to HR or escalating the issue, but have not received a satisfactory resolution, it may be time to consult our Calgary employment lawyers. They can review the steps you’ve taken, assess the viability of your claim, and explore legal options available to you.

LEGAL GUIDANCE

A constructive dismissal lawyer specialises in employment law and can provide expert advice on your rights in a constructive dismissal scenario. They can help you understand the legal complexities involved, explain the relevant laws and regulations, and guide you through the process of filing a claim.

ASSESSMENT OF CLAIM STRENGTH

Evaluating the strength of your claim is crucial before proceeding with legal action. An experienced constructive dismissal lawyer can review the details of your case, examine the evidence, and determine if you have a solid claim. They can advise you on the potential outcomes and the likelihood of success.

NEGOTIATION AND LEGAL REPRESENTATION

If negotiations with your employer to resolve the constructive dismissal issue fail, a lawyer can represent you in legal proceedings. They will advocate for your rights, present your case before a court or tribunal, and seek fair compensation for the harm caused by constructive dismissal. Having a lawyer by your side protects your interests throughout the legal process.

Constructive Dismissal Claims

If you believe you have been the victim of constructive dismissal, you can file a constructive dismissal claim. When claiming constructive dismissal in Alberta, several elements must be demonstrated to prove that you have been constructively dismissed. If unsure, you can seek legal advice from an employment lawyer at DLegal.

BREACH OF EMPLOYMENT CONTRACT

Constructive dismissal often arises when an employer breaches the terms and conditions of the employment contract. This can occur through significant changes to job responsibilities, such as a demotion or a substantial alteration of your role that negatively impacts your position within the company. Salary reductions or changes to compensation without a valid contractual basis can also be grounds for constructive dismissal. Similarly, if an employer unilaterally changes working hours, location, or other essential terms of your employment agreement without your consent, it may constitute constructive dismissal.

INTOLERABLE WORKING CONDITIONS

Constructive dismissal claims may arise when the workplace becomes intolerable due to factors such as harassment, discrimination, bullying, or other forms of mistreatment. If you can demonstrate that the working environment has become hostile or abusive, and it becomes unbearable for you to continue working, it can support a claim of constructive dismissal. Examples of intolerable working conditions include pervasive harassment, discriminatory practices, a toxic work culture, or actions that undermine your professional standing or well-being.

LACK OF EMPLOYEE CONSENT

Constructive dismissal can occur when an employer makes significant changes to the terms and conditions of your employment without obtaining your consent. Your agreement to these changes may be an essential element of a valid employment contract. If your employer unilaterally implements changes without proper consultation or agreement, such as changes in duties, reporting structure, location, or other key aspects of your employment, it may amount to constructive dismissal. This is different from wrongful dismissal, when a employer terminates you.

REASONABLE RESPONSE

To succeed in a constructive dismissal claim, it is important to demonstrate that your decision to resign was a reasonable response to the employer’s actions or the intolerable working conditions created. This means showing that a reasonable person in a similar situation would also have felt compelled to resign under the circumstances. The reasonableness of your response is a crucial factor in determining the validity of your constructive dismissal claim.

Choose The Right Constructive Dismissal Lawyers Calgary

If you have been the victim of constructive dismissal or need assistance filing a constructive dismissal claim, we can help. Speak to an experienced employment lawyer at DLegal about your rights and options for legal recourse. We will assess the specific circumstances of your case, gather evidence, and guide you through the legal process to maximize your chances of a successful outcome.

At DLegal, we know a constructive dismissal case can feel personal. That’s why we are here to help you get the justice you deserve. Reach out to our employment lawyers today to get started with your workplace-related legal matters.

 

We also provide legal support to employers. So, if you are facing a constructive dismissal or wrongful dimissal claim against your business, contact our team.

 
Lawyer & Notary
Anna Dunaeva

Anna perpetually works to surpass her clients' expectations. Through continuous communication, Anna delivers on her commitment to keep clients at the centre of her practice.

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