Navigating Constructive Dismissal – When Should You Take Legal Action?

Constructive dismissal occurs when an employer makes significant changes to an employee’s job that fundamentally alter the nature of their employment — without the employee’s consent. In Ontario, this is legally treated as a termination, even if the employee has not been formally fired.

Examples include drastic changes in job duties, demotion, significant pay cuts, forced relocation, or a toxic workplace environment. If you experience such changes, you may have grounds to resign and pursue a claim for wrongful dismissal.

Proving constructive dismissal requires showing that the employer breached the employment contract or the terms of your working relationship. This can be challenging, so it’s important to document changes in writing, keep records of any correspondence, and consult legal counsel before resigning.

If the court agrees that constructive dismissal has occurred, you may be entitled to damages, including notice pay, severance, and sometimes additional compensation depending on the circumstances.

Don’t make assumptions — what feels unfair might not qualify legally as constructive dismissal, and acting too soon can harm your case. Always seek legal advice first.

If you believe your employer has significantly changed your job without cause, contact Hilborn and Konduros in Cambridge, Ontario.