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 claims, and how an experienced employment lawyer can assist you.

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What is constructive dismissal?

What types of changes in your job could lead to constructive dismissal?

What happens if you continue to work regardless of the changes to your job?

How can a constructive dismissal lawyer at Whitten & Lublin help you take control of your situation?

What is constructive dismissal?

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 relationship 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 following a successful constructive dismissal claim.

What types of changes in your job could lead to constructive dismissal?

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

What happens if you continue to work regardless of the changes to your job?

If you continue to work in a hostile environment or following the changes to your job duties, 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 make a constructive dismissal claim. It is imperative that you speak to an experienced constructive dismissal lawyer before agreeing to any changes.

How can a constructive dismissal lawyer at Whitten & Lublin help you take control of your situation?

To better understand whether your case could constitute constructive dismissal and what to do about it, you should speak to an experienced constructive dismissal lawyer.

The constructive dismissal lawyers at Whitten & Lublin have extensive experience in navigating constructive dismissal cases and can help you understand the types of changes your employer can make without your consent and how to respond when those changes go beyond what is permitted. After listening to your unique circumstances, a knowledgeable employment lawyer from our team will explain your rights, such as whether you can leave work and commence a constructive dismissal case, whether you can force your employer to restore the conditions of your job, or whether you can negotiate an exit strategy.

We have represented countless workers in complex or straightforward constructive and wrongful dismissal matters, seeking to find successful outcomes for their unique circumstances. Our skills, experience, and reputation are widely recognized by both clients and peers, making us one of the GTA’s most recommended labour and employment law firms.

A better tomorrow awaits. Let Whitten & Lublin employment lawyers help put the power back in your hands.

If your employer is forcing you out of your job by making unfair changes or creating an intolerable work environment, you may not be legally required to provide notice before resigning. However, timing is crucial–resigning too soon might weaken your ability to prove the case, while staying too long could be interpreted as acceptance of the changes, potentially affecting your right to severance pay.
Before taking action, it is wise to speak with a constructive dismissal lawyer. A lawyer can evaluate your case, help you document key evidence, and advise you on the best course of action to protect your rights. At Whitten & Lublin, our experienced team can guide you through the process and help you maximize your severance entitlements.

To succeed in a constructive dismissal claim, you need strong evidence proving that your employer made significant, unwelcome changes to your job or created a hostile work environment. The best way to establish this is by documenting everything. Keep emails, written notices, or internal memos that outline changes to your job duties, salary, or reporting structure. Performance reviews and employment contracts can also help demonstrate how your role has shifted unfairly. If your work environment has become toxic due to harassment, discrimination, or bullying, written complaints to HR or management can further support your case. Witness statements from colleagues who have observed these changes or mistreatment can be valuable evidence. A Toronto constructive dismissal lawyer at Whitten & Lublin can advocate for your rights; with the right approach, you can hold your employer accountable and secure the compensation you deserve. .

Not every workplace issue qualifies as constructive dismissal, but if your job has changed significantly without your agreement, or if your work environment has become intolerable, you may have a valid claim. Ask yourself: Has my salary, job duties, or level of responsibility been reduced? Have I been relocated, demoted, or unfairly suspended? Am I facing ongoing harassment or discrimination? Has my employer made my job so difficult that I feel forced to quit?
If any of these apply to you, your employer may have violated your rights. It’s important to act quickly if you suspect constructive dismissal. The longer you stay in the job without taking action, the harder it may be to prove your case. Speaking with an experienced constructive dismissal lawyer can help you determine whether you have a claim and what legal steps to take. At Whitten & Lublin, we provide clear, strategic advice so you can protect your rights and move forward with confidence.

Your employment
is our specialty

In need of legal advice? We are committed to treating your case with the care, dedication, and compassion that you deserve. Contact us to learn how we can help you understand and resolve your workplace legal matter.

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Constructive Dismissal

What is constructive dismissal?

What types of changes in your job could lead to constructive dismissal?

What happens if you continue to work regardless of the changes to your job?

How can a constructive dismissal lawyer at Whitten & Lublin help you take control of your situation?

Your employmentis our specialty

Request a
Consultation

Your employment
is our specialty