Constructive Dismissal
Constructive dismissal occurs when your job has changed in a significant way that you do not agree with
Find out what you need to know about constructive dismissal, what leads to constructive dismissal, and how we can assist you.
You may be constructively dismissed if your employer changes the terms of your job in a significant way that you do not agree with or if your employment has become intolerable due to your employer’s negative treatment of you. If this happens, you may be entitled to reject the change, and in some situations, you may be able to leave your job and claim full severance pay.
Serious and important changes to your job can amount to a constructive dismissal, such as:
- reduced compensation
- change in duties
- reporting structure
- job title
- level of responsibility
- temporary layoff or suspension
- relocation
- a new employment contract
- a toxic work environment
- intolerable working conditions due to bullying, harassment, or discrimination
- a corporate merger or transaction
- working in an unsafe workplace
- making your job or work more difficult to force you to leave
If you continue to work in a hostile environment or following the changes to your job, without objecting either formally or informally, your employer may take that to mean you are agreeing with the changes or working conditions, and this may impact your right to claim constructive dismissal.
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