Overview
Think You May Have Been Constructively Dismissed?
Constructive dismissal can be difficult to recognize because there is no formal termination. Instead, it involves changes to your role, responsibilities, compensation, or work environment that make it unreasonable to continue. These changes can happen all at once or gradually over time.
If you believe your employer has significantly changed the terms of your employment, getting legal advice early is important. Acting quickly can help protect your rights and avoid missing applicable deadlines.
Common Challenges In Constructive Dismissal Claims
Recognizing whether the changes to your employment are significant enough to support a claim
Documenting the changes made by your employer and when they occurred
Deciding whether to resign or remain in the role while pursuing a claim
Understanding how to mitigate damages and what that requires of you
Acting within applicable limitation periods before deadlines pass
Navigating overlapping processes such as human rights complaints or Ministry of Labour claims
The Aaron Waxman Difference
How Can Aaron Waxman and Associates, P.C. Help?
If you believe you have been constructively dismissed, Aaron Waxman and Associates, P.C. can help you assess your situation and understand what options may be available to you. This can include reviewing the changes made to your employment, advising on whether those changes support a claim, and helping you pursue fair compensation.
The firm has helped clients who have experienced constructive dismissal reach fair settlements and can offer a free initial consultation to discuss your circumstances.
Why Clients choose Us
Fighting for Your Rights with Compassion & Commitment
Real Care, Real Advocacy
We take the time to understand what you are facing, then build a plan that protects your rights and supports your next steps.
We Handle the Pressure For You
We take on insurer and employer pushback, manage deadlines, and keep your claim moving so you can focus on recovery and stability.
Talk to Aaron, Not a Substitute
Aaron Waxman isn't just the name on the door. He's the one who will be sitting down with you to discuss your situation and walk you through your options.
Recognized Among Canada's Top Firms
Aaron Waxman & Associates was named one of Canada's Top Personal Injury Boutique Law Firms for 2025 by Canadian Lawyer Magazine - recognition built on years of trusted, experienced advocacy.
Not sure if you have a case or where to start? Let's Chat. No Pressure, No Obligation
Frequently Asked Questions
According to the Supreme Court of Canada, constructive dismissal can take two forms. The first is a single act by the employer that breaches a fundamental term of the employment contract. The second is a series of actions that, taken together, show the employer does not intend to be bound by the contract. Both forms can leave an employee with no reasonable option but to resign.
Common signs that an employer may be attempting to force an employee to quit include a change in work hours, a demotion, failure to pay wages or overtime, a reduction in salary, relocation of the workplace, and discrimination, harassment, or unfair treatment.
If your employment contract has been fundamentally breached and your working conditions have become untenable, you may be able to pursue a legal claim for constructive dismissal. Speaking with an employment lawyer can help you understand whether the circumstances of your situation support a claim.
Yes. If your workplace became so hostile or untenable that you had no reasonable choice but to resign, you may still be able to bring a constructive dismissal claim. If possible, it is generally advisable to seek legal advice before resigning so you can understand your options and take steps to mitigate damages. If the situation is intolerable, however, you can resign and pursue a claim afterward.
The applicable limitation period depends on where and how you file your claim. For a civil court action, you generally have two years from the date you allege constructive dismissal. Claims filed with the Human Rights Tribunal of Ontario or the Ministry of Labour are subject to a 2-year limitation period. It is important to speak with an employment lawyer as early as possible to confirm which deadlines apply to your situation.
Compensation in a constructive dismissal claim is typically determined by considering your length of employment, your age, the character of your employment, and the availability of similar employment. An employment lawyer can help you assess what compensation may be reasonable in your circumstances.
You are not required to hire a lawyer, but constructive dismissal claims can involve complex questions about your employment contract, overlapping legal processes, and strict deadlines. Speaking with an employment lawyer early can help you understand your rights, assess the strength of your claim, and determine the best path forward.
