Constructive Dismissal Lawyer in Toronto — Legal Help for Employees

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What Is Constructive Dismissal in Ontario?

Constructive dismissal happens when your employer unilaterally changes a fundamental part of your employment contract—such as your pay, position, schedule, or work environment—without your consent. Even if you technically “resign,” the law treats this as a termination by the employer, making you eligible for wrongful dismissal damages and severance pay.

Common Examples

• A significant reduction in salary, commissions, or benefits
• A demotion or loss of title or responsibilities
• A forced relocation or substantially longer commute
• A toxic or hostile workplace condoned by management
• A major schedule change or suspension without proper cause

Tip: You do not need to quit immediately. Speak to an employment lawyer before making any decision—your options may be stronger than you think.

What a Constructive Dismissal Lawyer Does

We evaluate the change to your job, explain your options, and build a strategy to secure compensation while protecting your employment record.

What To Do If Your Job Has Changed

1. Don’t accept the change in writing or by continuing under it. Doing so may be seen as “condoning” the change.
2. Keep records. Save emails, messages, and notes from meetings that describe the new duties, pay, or treatment.
3. Consult an employment lawyer. We’ll assess whether the change meets the legal test for constructive dismissal, and what compensation you could recover.

Compensation and Severance for Constructive Dismissal

If you’ve been constructively dismissed, you may be entitled to the same compensation as a wrongful dismissal, including:

• Severance pay—often higher than Ontario’s Employment Standards Act (ESA) minimums
• Outstanding bonuses, commissions, vacation pay, and benefits
• Human rights or punitive damages where harassment or discrimination is involved

Courts consider your age, position, length of service, and job market when calculating entitlement. Explore our guide to Severance Pay in Ontario for more detail.

Why Choose Monkhouse Law’s Toronto Constructive Dismissal Lawyers

• Toronto-based employment law firm focused on employees
• Recognized in major media for employment law insights
• Extensive experience with constructive and wrongful dismissal claims
• Free 30-minute phone consultation to review your options

Constructive Dismissal Lawyers Near You

If you’re searching for a constructive dismissal lawyer near you, Monkhouse Law Employment Lawyers helps clients across Toronto, the GTA, and throughout Ontario. Our team regularly represents employees in Mississauga, Brampton, North York, Scarborough, Etobicoke, Hamilton, Ottawa, and other cities across the province.

When to Contact a Constructive Dismissal Lawyer in Toronto

• Your pay has been reduced or your commission plan changed without agreement
• You’ve been demoted, stripped of responsibilities, or reassigned to a different role
• You’re facing a toxic workplace or unjustified discipline
• You’re being pushed to relocate or to accept a new schedule that doesn’t match your contract

Request a free phone consultation before resigning—timing and documentation matter.

Frequently Asked Questions

What qualifies as constructive dismissal in Ontario?

A major, unilateral change to your job—such as a pay cut, demotion, relocation, or a toxic workplace—that fundamentally alters your employment terms can qualify as constructive dismissal.

Do I need to quit before claiming constructive dismissal?

Not necessarily. Quitting too early can affect your claim. Get legal advice first.

How much severance can I get?

Employees can receive up to 24 months’ severance in some cases, depending on seniority, age, and job market factors.

Is a toxic workplace constructive dismissal?

Yes—if harassment or bullying makes your job intolerable and the employer fails to address it.