Bow River Law’s Top 3 Videos About Constructive Dismissal

When dealing with complicated employment law issues like constructive dismissal, understanding your rights is crucial. At Bow River Law, we want to simplify these legal concepts for employees in Calgary, Alberta, and across Canada. To help you feel empowered and informed, we’ve highlighted our three most popular videos that explore constructive dismissal. These videos cover many of your rights, outline real-world situations, and provide expert advice on what steps to take if your employment terms change significantly.

Each video, presented by our experienced employment lawyers in Calgary, addresses essential topics—from distinguishing wrongful dismissal from constructive dismissal to understanding how to react if you’re demoted. By watching, you’ll gain practical knowledge to help you handle challenging situations in the workplace confidently. Watching these videos will also help you identify when you might need to get an employment lawyer.

Please Note:
All of Bow River Law LLP’s materials posted on YouTube are for legal information and discussion purposes only, and should not be considered legal advice. If you are in a legal situation, you should speak to a lawyer directly.

S2 E3: What is the Difference Between Wrongful Dismissal and Constructive Dismissal?

In this informative video, Joel Fairbrother, an employment lawyer at Bow River Law in Calgary, Alberta, discusses the key differences between wrongful dismissal and constructive dismissal. He explains the legal aspects of both scenarios, outlining what employees need to know about their rights and entitlements.

Key Takeaways

Wrongful Dismissal

Wrongful dismissal is when an employer terminates your employment without giving you sufficient notice of termination.
Notice of termination is a period of time, but it is a term that replaces what is commonly referred to as Severance, so that when people say, “I didn’t get enough Severance,” what they really mean in Alberta or Canada would be, “I didn’t get enough reasonable notice.” Wrongful dismissal involves, severance, reasonable notice, and employers providing pay in lieu of notice.

Constructive Dismissal

Constructive dismissal is when an employer breaches employment terms in some way. These may be expressed or implied terms of your contract. The breach needs to be significant or substantial enough that the employee quits or resigns from the position. The employee can then sue as if they had been terminated. The courts are constructing a termination even though it is not really a termination, hence the name, “constructive” dismissal.

The difference is within the mechanism, with wrongful dismissal the employer terminates, with constructive dismissal the employer breaches and the employee resigns.

The remedy, as far as what you’re entitled to, is the same. Either way you’re entitled to reasonable notice or severance whether you’re wrongfully dismissed or constructively dismissed.

S2 E10: What are my rights when constructively dismissed?

In this informative video, Calgary employment lawyer Amanda Jacinto addresses key questions about constructive dismissal in Alberta. Learn about your rights in a constructive dismissal case, where your employer’s actions may indirectly lead to termination.

Key Takeaways

Amanda Jacinto provides examples, such as pay cuts, demotions, changes in working schedules without prior approval, employment titles, duties, responsibilities, and toxic work environments. Keep in mind, not every change in employment amounts to constructive dismissal. So, you should speak to an employment lawyer about your unique circumstances.

Discover when these changes may qualify as constructive dismissal and when to consult an employment lawyer for personalized advice.

Amanda notes entitlements of constructively dismissed employees, including pay in lieu of notice and protection from discrimination and harassment. Don’t navigate this complex situation alone—speak to the experts at Beau River Law today for guidance tailored to your circumstances.

S2 E8: What Should I Do If My Boss Demotes Me?

In this informative video, Calgary employment lawyer Michael Hernandez from Bow River Law in Calgary, Alberta, discusses what you should do if your boss demotes you.

Key Takeaways

Michael explains the concept of constructive dismissal and how it can impact your employment contract. If you’ve experienced a demotion or significant changes to your employment terms, it’s crucial to understand your rights and seek legal advice promptly.

There is a possibility with a demotion that you have been constructively dismissed.

Constructive dismissal is when an employer breaches or unilaterally changes a material term of an employees employment contract. A contract with an employer is an agreement to terms. At the most basic level, your employer is agreeing to employ you in a certain position and pay you in a certain amount in exchange for your services. If your employer demotes you to a position that you did not agree to work in, the employer is changing the terms of the contract without your consent.

When Constructive Dismissal Occurs

When this happens, Alberta courts have said that this evidence is an intention to no longer be bound by the terms of the agreement, which is effectively like terminating the contract of employment. If this happens, we encourage you seek legal advice right away. Constructive dismissal claims can be very time sensitive, so if you are being constructively dismissed, if you’ve been demoted or if your employer has reduced the amount of money you’re making, including your entitlement to a bonus, or reduced your health coverage, it’s important to consult with a legal professional as soon as practical to assess your options.

In Summary

Knowing your rights as an employee is fundamental, especially when faced with sudden, significant changes at work. Our Bow River Law videos are here to give you a clearer understanding of constructive dismissal and offer concrete steps to protect yourself. Keep in mind, every case is unique, so speaking to an employment lawyer is often the best way to ensure you’re well-represented. If you ever need personalized legal assistance, our team is ready to support you. Contact our office today to discuss your situation. Be sure to watch the videos and reach out if you need expert guidance tailored to your situation.