client story - constructive dismissal - employment law

Maria’s Story: Constructive Dismissal Because of a Role Change

Maria, a senior sales manager for six years, excelled in her role until a new director reassigned her major accounts and excluded her from meetings. Feeling humiliated, she sought legal advice to regain control of her future.

What Maria was Facing

Name: Maria 
Age: 39 
Gender: Female 
Location: Hamilton, Ontario 
Occupation: Senior Sales Manager 
Legal Challenge: Constructive dismissal after significant changes to her responsibilities in a non-unionized workplace. 

Maria had been a senior sales manager at a mid-sized company in Hamilton for nearly six years. She was a consistent high performer—exceeding targets, mentoring her team, and playing an active role in the company’s success. 

When the company hired a new director, Maria welcomed the change. She hoped fresh leadership would bring new opportunities. Instead, things started to shift in a very different direction. 

Key accounts she had managed for years were reassigned. She was gradually excluded from strategy meetings that were once central to her role. Then came the most difficult change—she was told to start reporting to a newly promoted colleague with far less experience, who now oversaw the team she used to lead. 

Feeling Undermined and Uncertain 

Maria felt humiliated and sidelined. The responsibilities she had worked hard to build were being stripped away, and it seemed clear that her role was being diminished. Unsure whether she had any legal recourse, she reached out to us for advice. 

Understanding Constructive Dismissal 

We explained that under Ontario law, employers cannot make major changes to an employee’s role without their agreement. When those changes are significant enough, they may amount to constructive dismissal—meaning the employee can treat the change as a termination and seek compensation. 

In Maria’s case, the combination of reduced responsibilities, loss of authority, and being required to report to a subordinate pointed to a clear case of constructive dismissal. 

Taking a Strategic Approach 

To support her case, we helped Maria gather and organize evidence—emails, meeting records, and a timeline showing how her role had changed. With the facts laid out, we contacted her employer and outlined how their actions had effectively ended her role. 

At first, the company pushed back, claiming they were entitled to restructure. But once we presented the legal risks and Maria’s entitlements under common law, including factors such as her tenure and senior position, they agreed to negotiate. 

A Fresh Start with Dignity 

Maria received a compensation package that reflected both her contributions and the difficulty of finding a comparable role in her field. More importantly, she was able to leave on her terms—with her head held high and the resources to move forward confidently. 

If your role has changed significantly without your agreement, you may have legal options. Like Maria, understanding your rights can make all the difference in how you move forward. 

Dealing with a toxic workplace or major change to your role?

If your responsibilities have been reduced or you’re working in a hostile environment, you may have legal options.

→ Call 1-800-771-7882 or book a consultation to get clear legal advice.

To protect privacy and ensure a smoother reading experience, some identifying details and certain facts have been changed. This account remains grounded in the legal issues and outcomes that occurred.

Think your workplace rights may have been violated? Talk to us. Many employees in Ontario don’t realize what they’re entitled to until they speak with a lawyer. If something doesn’t feel right, we’re here to help.