Constructive Dismissal

Significant, unilateral changes to your employment may give you the same rights as if you were fired

Constructive Dismissal Services We Offer

Ontario employment-law advice on constructive dismissal.

What Counts as Constructive Dismissal

Identifying when changes cross the line

  • Pay cuts
  • Demotion
  • Relocation
  • Duty changes

Your Options

Resignation, acceptance, or claiming constructive dismissal

  • Legal test
  • Timing
  • Mitigation
  • Damages

Documentation & Evidence

Building a clear record of what changed

  • Communications
  • Terms of employment
  • Timeline
  • Impact

Claims & Resolution

Pursuing notice, severance, or other remedies

  • Demands
  • Settlement
  • Litigation
  • Recovery

Why work with Milton Legal Group?

  • Clear explanation of constructive dismissal in Ontario

  • Assessment of your specific situation

  • Guidance on responding to changes

  • Representation in negotiation or court

Constructive Dismissal process

  1. Consultation

    We discuss the changes to your job and your options

  2. Assessment

    Whether the changes likely amount to constructive dismissal

  3. Strategy

    How to respond and what you may be able to claim

  4. Resolution

    Negotiation or litigation as appropriate

Discuss your constructive dismissal case

Free consultation. We respond within 24 hours and serve Milton and the GTA.

  • Free initial consultation
  • Response within 24 hours
  • Ontario employment law focus

Frequently asked questions

Common questions about constructive dismissal in Ontario.

What is constructive dismissal?

Constructive dismissal occurs when an employer makes a fundamental change to your employment (e.g. major pay cut, demotion, relocation) without your agreement, and a reasonable person would consider the employment to have been repudiated. You may then treat yourself as dismissed and pursue notice/severance.

Do I have to resign to claim constructive dismissal?

Often you will need to leave and then claim that you were constructively dismissed. Remaining in the role for too long without objecting can affect your claim. A lawyer can advise on timing and how to document your position.

What can I recover?

If you establish constructive dismissal, you may be entitled to the same types of damages as in a wrongful dismissal case—typically pay in lieu of reasonable notice, and in some cases severance and other amounts.

How do I get started?

Contact us for a free consultation. We will review what changed in your job and whether you may have a constructive dismissal claim.