Constructive Dismissal

Constructive Dismissal Lawyers in Ontario

About Constructive Dismissal claims

Constructive dismissal occurs when an employee has not been dismissed by the employer, but the terms of his/her employment has been significantly changed by the employer. The change may be a fundamental change in employment such as title, position, salary or duties.

What do I do if I think I've been Constructively Dismissed?

If you think you may have experienced constructive dismissal, you should contact an experienced employment lawyer as soon as possible to find out if you are able to pursue a legal action.


The lawyers at Aaron Waxman and Associates offer a free initial consultation. Our firm has helped clients who have experienced constructive dismissal reach a fair settlement.

Answers to commonly asked questions

  • What is a Constructive Dismissal In Ontario?

    According to the Supreme Court of Canada, there are two forms of constructive dismissal:

    • A single act by the employer that violates the terms of the employment contract.
    • Many actions that show that the employer is not going to abide by the employment contract.

    Both of these forms force an employee to resign by making the work environment hostile or toxic.

  • What are the signs of Constructive Dismissal?

    There are a number of signs that an employee is potentially trying to force an employee to quit. These include:

    • A change in work hours
    • Demotion
    • Failing to pay an employee (overtime, salary, etc)
    • Reducing wages
    • Relocation of workplace
    • Discrimination, harassment and/or unfair treatment
  • Can I sue for Constructive Dismissal in Ontario?

    If your employment contract has been breached and it has become unbreakable to work, the yes, you can sue for constructive dismissal.


    Be sure to speak with one of our experienced employment lawyers, as they will be able to help you sue your employer for constructive dismissal.

  • Can I sue for Constructive Dismissal after I resign?

    Yes. If your place of employment has become a hostile environment, leaving you with no other option but to resign, then you are able to claim constructive dismissal. However, it’s best to do this before you quit and mitigate damages. But if it’s that intolerable, then you should resign and claim constructive dismissal after.

  • How long do I have to claim Constructive Dismissal in Ontario?

    You have 2 years from the date of the incident that made you resign from your job to claim constructive dismissal with the court. If you are filing a claim with WSIB, this must be done within 6 months. For claims to the Human Rights Tribunal of Ontario (HRTO) or the Ministry of Labour, there is a 12 month limitation period.

  • How much compensation will I get?

    If you have been constructively dismissed, the compensation you are entitled to will be determined by the following four factors:

    • Length of employment
    • Your age
    • Character of employment
    • Availability of similar employment

    An experienced Employment Lawyer will be able to help you determine what your compensation should be.

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