Constructive Dismissal Claims

Did You Resign or Are You Feeling Pressure to Quit Because Your Job Changed?

Depending on the circumstances, this is known as “constructive dismissal” and you have a legal right to make a claim against your employer.

Examples:

  • Change of job duties or tasks
  • Change of shift or work hours
  • Change of job location
  • Change of job conditions
  • Unreasonable work demands
  • Reduction or increase in responsibility
  • Unproductive work environments
  • A hostile or toxic workplace was allowed, created, or ignored
  • Reduced salary, hourly pay, commission, or bonus
  • Reduction of your benefits or pension
  • Demotion
  • Unwarranted discipline
  • Loss of dignity
  • Temporary laid off without a contractural right
  • The terms of your employment changed without your consent

Even a single incident or change without your consent can support a constructive dismissal claim.

Learn about your case and your options by speaking with a member of our intake team today. We can assist you in all matters relating to constructive dismissal and wrongful termination, as well as negotiate proper severance (even if you resigned) and additional compensation where applicable.

Constructive dismissal is wrong. You have the right to a stable work environment and you are not obligated to accept substantial changes that affect your work and personal life.

To get answers regarding your particular situation, call or message our skilled intake specialists who are adept at assessing whether consulting with one of our lawyers can provide the assistance you need. And isn’t that what matters most to you right now?

There is no cost to speak to an intake specialist.

Once we review your situation, your options on how to move forward will be clear.

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Contact us by phone toll-free at 1-800-771-7882 or email us at [email protected], and we will be happy to assist.

FAQS

Unfair dismissal, wrongful dismissal, and wrongful termination are often used interchangeably to refer to the termination of an employment relationship, where the employee is owed a certain amount of money. Unfair dismissal can also refer to a dismissal which was discriminatory based on a protected ground under Ontario’s Human Rights Code.

Typically, in order to prove constructive dismissal in a case the employee must demonstrate that the employer made unilateral changes that resulted in a fundamental change to the employment, forcing the employee to resign. It is always best not to resign until you speak with an employment lawyer first so you can properly determine if the resignation is voluntary or involuntary.

Bullying and harassment in the workplace can be difficult to navigate and manage. Employees should make sure their employer knows about their grievances and ask for a resolution. Should a resolution not be reached, they should consult with a lawyer to seek compensation.

If you have been constructively dismissed, your entitlements can be very similar to those you get if you were wrongfully terminated. There are many factors which will determine the amount of compensation that a constructively dismissed employee is owed, including what is referred to as the Bardal factors.

Yes, they are different – but the employee’s entitlements can be very similar. Where in a constructive dismissal, the employee resigns due to a fundamental change to their employment or toxic workplace environment, in a wrongful dismissal, the employee is in fact dismissed by their employer – however their employer failed to provide the appropriate amount of notice or pay in lieu.