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Constructive Dismissal Litigation

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Constructive dismissal happens when your employer makes a significant change to your job — without your consent — that fundamentally alters what you agreed to when you were hired. 

The law treats this as a dismissal, even though you technically still have a job.

In plain terms: if your employer changed your job so dramatically that staying became unreasonable, you may have been constructively dismissed.

Common Red Flags

Your pay was cut significantly — a reduction in salary, elimination of bonuses, or removal of commissions that formed a core part of your compensation.

Your role was gutted — stripped of responsibilities, demoted, or reassigned to a position well below your experience and seniority.

You were forced to relocate — required to work in a different city or location that was never part of your original agreement.

Your authority was removed — management responsibilities, direct reports, or decision-making power taken away without justification.

How We Help

Step 1 — Tell us what changed. We listen carefully to your story with the goal of identifying the problematic conduct.

Step 2 — We make an assessment. Not every difficult workplace situation is a constructive dismissal. We give you an honest assessment based on the law.

Step 3 — We advise you on timing. This is critical. How and when you leave matters. Acting too quickly or too slowly — or saying the wrong thing — can damage your claim. 

Step 4 — We pursue your case. Once you leave, we pursue the full reasonable notice entitlement you’re owed: the same as if you had been wrongfully dismissed.

Frequently Asked Questions

  • Do I have to quit to make a constructive dismissal claim?
    In most cases yes — you need to treat the contract as terminated and leave. But the timing and manner of how you do this is legally significant. Get advice before you resign.
  • What if I keep working after the change?
    If you continue working under the new terms without objecting, a court may find that you accepted the change, which can eliminate your claim entirely. Acting quickly and objecting in writing is essential.
  • How much am I entitled to? 
    The same as wrongful dismissal — reasonable notice based on your age, length of service, seniority, and ability to find comparable work. In some cases additional damages apply where the employer's conduct was particularly problematic.
  • What if my employer says the changes are temporary? 
    Temporary changes can still amount to constructive dismissal depending on their severity and duration.

Contact Pinto Shekib LLP, Your Toronto Constructive Dismissal Lawyers

Call 416.901.9984 or email info@pintoshekib.ca for a confidential consultation.