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:

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.

We’re among Ontario’s top-rated employment law firms with an exceptional track record of positive outcomes. See our outstanding Google Reviews further down this page.

Why Choose Achkar Law?

Legal Expertise: Our team specializes in employment law, ensuring you receive top-notch representation.

Tailored Strategies: Each case is unique. We customize our approach to address your particular circumstances.

What Our Clients Are Saying

I had excellent advise during my first interaction with ACHKAR LAW. Quick to respond and accommodating to my schedule with time-sensitive request. I will be using this firm if further needs arise!
This was a stressful process for me to start because it's against my workplace, however everyone I've had contact with so far has been great. All the administrative stuff from the beginning has been flawless. Rachel, Abby and Krysten, paralegal and law Clerks have been great. Communication was quick and accurate. Then I got to speak to my lawyer Charles Millar and he was absolutely great as well. I work in a heavily regulated industry and Charles understood everything right away and we could focus on the matter at hand. He was very understanding, and I was very comfortable talking to him about my struggles. I highly recommend this firm, so far the experience has been nothing short of awesome!!
I had a consult with Madison Chilvers a few days ago, with the intent to get some help from the team at Achkar Law with my current situation and circumstance. I was referred to them by a friend of a very close friend of mine, who did not hesitate to put their name forward and to immediately connect me directly to them. Based on the consult with Madison, it's clear to me why Achkar Law came to mind for him so quickly. My conversation with Madison was just that. It did not feel like a super formal meeting, and although I have no real experience with such matters, Madison did an excellent job in educating me on a number of relevant and important items related to my case. Not only that, she took time to hear from me, answering all of my questions, and enabled me to express everything I was thinking with complete transparency, even if I myself felt that what I was saying might be silly or even foolish. She removed any obstacles I might have had simply by being friendly and transparent herself. She was a great help, and even helped me to take some of my own thoughts or concerns from a better and more practical perspective, providing clarity.I've said much, and it's all true and relevant. I left the conversation encouraged and hopeful. I'm looking forward to working with the team at Achkar Law. I trust they will do their utmost to to assist me during this challenging time.Giving my thanks in advance.
Thanks to Charlie and Teresa for the excellent advice.
Thank goodness for Charles Millar! He was a tremendous help during our consultation - professional but warm and offered sound advice. The entire experience with Achkar Law was stress-free. Highly recommend!
Un professionnel qui saura vous conseiller au mieux de vos intérêts, en anglais et en français.Je recommande sans réserve !
Had a Consultation with Madison Chilvers today and was very impressed by her knowledge and professionalism.Abby, Krysten and Rachel were quick with initial responses and follow up.Overall, a great experience
I had a consultation with Achkar law firm recently, and I was really impressed by their expertise and professionalism. Chris, the head lawyer, was not only knowledgeable about human rights but also compassionate, where he took the time to understand my concerns thoroughly and provided clear, actionable advice. It was evident that he had a deep understanding of the law and was genuinely invested in helping me navigate the complexities of my situation. I left feeling much more confident and informed about my next steps.
Chris Achkar is fantastic - he has helped me on numerous occasions, was very pleasant and generous with his time, and on top of everything, really knows his stuff. I highly recommend Chris for employment law issues. Thank you!
Filip was amazing answered all my questions and went above and beyond in my caseHighly recommend the firm
I had reached out to ACHKAR about reviewing some documents and consulting on a strategy moving forward for a legal situation. First engaging with a paralegal Kellie and then further speaking with a lawyer Charles Millar, I'm thoroughly impressed with the outcomes.It's way too easy when looking for a lawyer to feel only as good as the merit behind your case ($) but ACHKAR's team showed strong interest in treating me like a person instead of a case.In the end, I could tell the documents provided ahead of the consult were reviewed, Charles asked all of the appropriate questions and helped me feel comfortable that I was going down the right avenues for my specific situation.I would strongly recommend ACHKAR LAW's professional services based on my experiences so far.Thanks team!
I had an amazing experience with Charles Millar.He truly knows his stuff when it comes to employment law. From the start, Charles was incredibly knowledgeable and supportive, making me feel confident in navigating my complex international employment dispute, and the most important was that he managed to let me feel I was understood.His expertise in litigation and dispute resolution is impressive, and he really takes the time to understand my' needs. Charles provided clear guidance and worked diligently to achieve the best outcome for me. I can't recommend him enough!If you need help with complex, complicated, international, and nontypical employment issues, reach out to Charles Millar at ACHKAR LAW. You won't regret it!
I had to update my review. After conversation with Charles,I can say they do care about their clients and take care of and issues that might arise.He is friendly and very fair, I'm thankful we resolved our minor misunderstanding, and will proceed in a positive manner..Cheers Charles 🍻
Response from the owner: Dear Curtis,Thank you for your message. I wanted to address the concerns you recently shared regarding our services. Your feedback is invaluable to us, and I appreciate the opportunity to clarify our approach and commitment to our clients.First and foremost, please know that we deeply care about each of our clients and are committed to providing the highest level of service. Our team strives to approach every case with empathy, diligence, and a genuine desire to achieve the best possible outcomes for our clients.Regarding your specific case, our dedicated team conducted a thorough investigation into your situation. Through our work together, we were able to identify alternative avenues that could potentially allow you to advance your claim through civil court and administrative processes despite the obstacles you faced.We continue to be ready to help, but we just can't eliminate risk from cases and have to deal with the facts of every situation as they present themselves.I am personally happy to discuss this further with you. Please email me at [email protected] and I'd be happy to discuss this more.Kind regards,Chris
I recently had a consultation with Charlie Millar and I was impressed with his knowledge and understanding of my situation. He was honest and kind. My experience was very positive and I will be recommending him to family and friends.
Had a great consultation with Chris! He was able to see me quite quickly and put me at ease during a very stressful time with his expertise and clear questions. He provided me with multiple options based on my situation and set me on course in the right direction. Thank you!!
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FAQs

What is the difference between unfair and wrongful dismissal, wrongful termination?
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.
How do you prove constructive dismissal in a case?

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.

How to deal with bullying and harassment in the workplace?

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.

What am I entitled to if I am constructively dismissed?
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.
Is constructive dismissal different than wrongful dismissal?
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.