Constructive Dismissal In Ontario

Employment Lawyers Daniel Lublin and David Whitten working in office along with logos of Lexpert Ranked Lawyer and HR Readers Choice Award 2019 to 2016

Constructive Dismissal in Ontario

Has your job been changed in a significant way that you do not agree with?  Are you suffering from harassment and have nowhere to turn?  If the terms of your job have been forcibly changed, Whitten & Lublin Employment & Labour Lawyers can help.  We know that employers can only make certain types of changes without your consent, and we know how to respond when those changes go beyond what is necessary or permitted.

Why choose Whitten & Lublin?

There are many lawyers and “law firms” willing to take on your constructive dismissal matter. Many just dabble in the area despite professing otherwise.  Do they really have the experience and expertise to succeed and do you really want to pay for your lawyer’s education?

Whitten & Lublin Employment & Labour lawyers have represented thousands of constructive dismissal matters in and out of the courtroom, and we have a well-deserved reputation of knowing what it takes to get the job done right.  This is why we are rated one of the GTA’s most recommended labour and employment lawyers and we have the testimonials from our past clients to prove it.

Don’t leave your constructive dismissal case to chance.  Consult with a lawyer with expertise at Whitten & Lublin Employment & Labour Lawyers.

What is constructive dismissal?

Constructive dismissal is the legal term used when an employer imposes a fundamental change to an employee’s job.  This change must be considered a substantial departure from the employee’s previous job.  In these cases, employees may be able to leave work and treat themselves as terminated and then sue for lost wages and damages while looking for another job.

The types of changes that can amount to a constructive dismissal include:

  • Reduced compensation;
  • Change in reporting relationships;
  • Varied location of employment;
  • More or varied hours of work;
  • Reduction in status and responsibilities;
  • Demotion;
  • Intolerable working conditions due to bullying and harassment; and
  • Intolerable working conditions due to sexual harassment or discrimination.

If any of these situations apply, then you may be experiencing a constructive dismissal.  We can help! You have rights that should be discussed with a qualified lawyer, including whether you can leave work and commence a lawsuit, whether you can force your employer to restore the conditions of your job or whether you can negotiate an exit strategy.

Read our employment law articles about Constructive Dismissal for more information or read about constructive dismissal near you:



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  • Lawyers are recognized as “Leading Practitioners” by Lexpert, which is the largest annual survey of leading lawyers in Canada and an acknowledgment of excellence voted on by peers.
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