Understanding Constructive Dismissal in British Columbia

Significant changes to job conditions without agreement can leave employees feeling they have no choice but to resign. In some cases, this situation may be considered constructive dismissal. At Linley Welwood, our lawyers provide guidance on employment law in British Columbia, helping employees and employers understand their rights and responsibilities. Here is what you need to know about constructive dismissal in British Columbia.

Learn more about what constructive dismissal is and why it is important.

What Are The Key Aspects of Constructive Dismissal?

Major Changes to Employment Terms

Common questions about constructive dismissal often revolve around what constitutes a fundamental change. A fundamental change occurs when an employer makes substantial, unilateral changes to an employee’s job without consent, such as pay cuts, demotions, or new job responsibilities that differ significantly from the original role.

Forced Relocation Without Agreement

Employers cannot require employees to move to a distant or inconvenient location without prior agreement. If relocation imposes hardship, it may be grounds for a constructive dismissal claim.

Toxic or Hostile Work Environment

Employers are responsible for maintaining a fair and respectful work environment. A workplace that becomes unsafe, discriminatory, or intolerable due to harassment or unfair treatment can also qualify as constructive dismissal.

Employer Responsibilities

When considering whether or not an employer can change an employee’s responsibilities, the answer depends on the extent of the changes. Employers should communicate any modifications clearly, seek employee agreement, and provide adequate notice or compensation when making significant alterations to job conditions to avoid constructive dismissal claims.

Legal Options for Employees

Employees who believe they have been constructively dismissed may be entitled to compensation or severance. Seeking legal advice early can help determine the best course of action, whether you want to negotiate with your employer or pursue a legal claim.

At Linley Welwood, our lawyers offer expert guidance on employment law to help employees and employers navigate workplace challenges. Contact us today by filling out our online contact form to discuss your unique situation.