Constructive Dismissal Lawyers 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.

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

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.

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.

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.

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.