Pay cut? Demoted? Told to accept a different job or quit? You may be owed severance—even if your employer has not formally fired you.
The constructive dismissal lawyers at Samfiru Tumarkin LLP help non-unionized employees in Edmonton respond to major workplace changes, challenge unfair treatment and pursue the compensation they are legally owed.
Before accepting new terms or handing in your resignation, let us review what happened. We can explain whether your employer has crossed the line and help you decide what to do next.
Get Advice About Changes to Your Job →
On This Page:
- 1. How Our Lawyers Help
- 2. Alberta Client Results
- 3. Changes to Your Job
- 4. Before You Quit or Sign
- 5. Severance & Compensation
- 6. Getting Started
- 7. Constructive Dismissal FAQs
How Our Constructive Dismissal Lawyers Help Edmonton Employees
Constructive dismissal can arise when an employer makes a substantial, unauthorized change to an essential term of your job. It can also result from a pattern of conduct showing that the employer no longer intends to honour your employment agreement.
You do not need a termination letter to have a dismissal claim. But you do need to understand whether the changes are serious enough and how to respond.
We assess what changed
We compare your original working arrangements with what your employer is now requiring. Your employment contract, established workplace practices, the impact of the changes and any notice you received all matter.
We help you respond without giving up your rights
We advise you on what to say, whether to object in writing and whether continuing to work temporarily makes sense. You do not have to guess whether to accept the change, refuse it or leave.
We pursue the compensation you are owed
If you have a constructive dismissal claim, we assess your severance package and can negotiate directly with your employer. When a settlement can’t be reached, we can represent you in a legal claim and explain the steps involved.
Alberta Employees We Have Helped After Major Job Changes
$54,000 after an employer said: accept the changes or resign
An Alberta assistant manager with eight years of service was told she would be demoted, paid less and relocated. Her employer gave her roughly a week to accept, warning that a refusal would be treated as a resignation.
Our team challenged the ultimatum as a constructive dismissal and secured $54,000 through negotiations, without getting the courts involved.
Read how we secured this settlement →
More than $31,000 after a demotion and pay cut
An Alberta site supervisor preparing to return from medical leave was told there was no work for him in his former position. Instead, his employer offered a lower-level role that would reduce his pay from $45 to $38 an hour.
Samfiru Tumarkin LLP represented him before the Alberta Court of Justice. The court found that he had been constructively dismissed and awarded nine months of severance, plus costs and interest.
Read about our Alberta constructive dismissal court win →
Has Your Employer Changed Your Job?
A change does not become acceptable simply because your employer calls it a restructuring, a new policy or a business necessity. We can assess situations involving:
Reduced pay, commissions or hours
A significant reduction in your salary, commission opportunities or regular working hours can affect a core part of your employment agreement. We review the financial impact and whether your employer had the right to impose the change.
Learn more about pay cuts in Alberta and reductions to working hours.
Demotions or the removal of responsibilities
Your salary does not have to decrease for a change to be serious. Losing management responsibilities, authority or the main duties of your position can raise constructive dismissal concerns—even if your title stays the same.
We look at the job you actually performed, not just the wording on an organizational chart. Read more about changes to your job description in Alberta.
Relocation or the removal of an established remote-work arrangement
A forced move to a different workplace can substantially change your job. A long-standing, accepted remote-work arrangement can also become a term of employment, even if it was not included in your original written contract.
We review your agreement, the history of the arrangement, any notice provided and the practical impact of the change. See our guide to workplace relocation rights in Alberta.
Temporary layoffs or suspensions
Your employer does not have an automatic contractual right to stop providing work and pay. Even a temporary layoff that meets employment standards requirements can still raise a constructive dismissal claim if the employer had no contractual authority to impose it.
We can review your layoff or suspension letter and explain your options. Learn more about layoff rules in Alberta and suspension without pay.
Serious harassment or a pattern of being pushed out
Repeated humiliation, serious harassment or a pattern of stripping away meaningful work can raise constructive dismissal concerns. We assess what happened, how your employer responded and whether the conduct breached its obligations to you.
Where the treatment involves disability, pregnancy, age or another protected ground, our Edmonton human rights lawyers can also assess whether you have a discrimination claim.
Get Advice Before Resigning or Accepting New Terms
Do not assume that quitting is the only way to protect yourself. If the changes do not legally amount to constructive dismissal, leaving could be treated as a voluntary resignation rather than a dismissal.
At the same time, staying under the new terms without responding can help your employer argue that you accepted them. A written objection can be important, but it does not preserve your options indefinitely.
We help you decide how and when to respond, whether to continue working temporarily and whether to pursue a negotiated departure. Get advice promptly, especially if your employer has given you a deadline.
How Much Severance Could You Be Owed?
A successful constructive dismissal claim can entitle you to compensation as though your employer had terminated your employment without cause.
Alberta’s minimum termination pay is not necessarily your full entitlement. Depending on your employment contract, age, length of service, position and the availability of comparable work, severance can reach 24 months’ pay.
We assess salary, benefits, bonuses, commissions and other compensation that may need to be included. We also examine any contract wording your employer relies on to limit what it owes.
Our Edmonton severance pay lawyers can review an offer or calculate your potential entitlement. You can also use our Severance Pay Calculator for an initial estimate.
For the broader provincial rules, evidence and compensation considerations, read our Constructive Dismissal Alberta guide.
Getting Started With Our Edmonton Employment Law Team
You may want to keep your job, challenge the changes or understand whether you can leave with severance. Our Edmonton employment lawyers explain the options available and the risks to consider before you decide.
What to have ready
Your employment contract, recent pay statements, job descriptions and any letter or email announcing the changes are useful starting points. Include the date you learned about the change, when it takes effect and any response you have already provided.
Keep relevant records you are legally entitled to retain. You do not need every document before contacting us.
Fees explained before you proceed
We offer different fee arrangements depending on the matter, including contingency arrangements for appropriate employment claims. Under those arrangements, our employment-law contingency fee is calculated on the additional money we recover for you.
We explain legal fees, expenses and taxes before you agree to representation. Our intake team will also tell you whether a consultation fee applies before you book. Learn more about our fees.
Questions About Constructive Dismissal in Edmonton
Can I have a claim if my salary stays the same?
Yes. A substantial demotion, removal of responsibilities or other serious change to your employment can amount to constructive dismissal without a salary reduction. We assess the actual impact on your position and working conditions.
What if my employer says refusing the changes counts as resigning?
Your employer’s label does not decide your rights. An ultimatum to accept a substantially different job or be treated as having resigned can itself raise constructive dismissal concerns. Have the proposed changes reviewed before accepting them or walking away.
Do I need a written employment contract to have a claim?
No. Your employment terms can include verbal agreements and terms established through the working relationship. Pay records, job descriptions, emails and the way you have actually worked can help establish what those terms were.
Do I have to prove that my employer wanted me to quit?
Not necessarily. A substantial, unauthorized change to an essential employment term can amount to constructive dismissal even if your employer says it was only trying to reorganize the business. We assess the change and its legal effect, not just the reason your employer gives.
Can I stay at my job while getting legal advice?
In some situations, continuing to work temporarily while your options are assessed may be appropriate. However, you should not assume you can work indefinitely under the new terms and later reject them. Get advice promptly about what to communicate and when a decision is needed.
Can your firm help with a unionized workplace dispute?
Our employment law team does not represent employees in unionized workplace disputes. Contact your union promptly about job changes, workplace treatment and any grievance deadlines.
Speak With a Constructive Dismissal Lawyer for Edmonton
Your employer changed your job. Find out where you stand before changing your future.
Whether you are facing a pay cut, demotion, relocation or pressure to resign, Samfiru Tumarkin LLP can assess your situation and explain your next step.
Before you quit or sign, speak with our team.