Constructive dismissal lawyer
in Ontario
Has your employer changed your job without your agreement? Constructive dismissal advice for employees in Ontario, online by video or phone.
Initial consultation free for employment and human rights matters.
In Ontario, if your employer makes a major change to your job without your agreement, such as your pay, hours or role, it may be treated as a dismissal. This is called constructive dismissal. You were not told you were terminated, but the law may treat the change as the end of the employment, with the same rights to notice or pay in lieu of notice as an employee who was let go.
What we can do for you
Change review
We read the contract and the change, and explain whether it may amount to constructive dismissal.
More about severance reviews →Options before you decide
We set out what resigning, staying or objecting could mean, before you choose.
More about wrongful dismissal →Negotiation
We negotiate with your employer and, where needed, take the matter further.
How a consultation works
You book
Choose a time online, or email us. You don't need any documents yet, and nothing you send at this stage is a commitment.
We run a conflict check
A lawyer can't act for both sides of the same dispute. So before we hear the details, we confirm we haven't acted for the other party, such as your employer or the school. It's a short check, and we email you as soon as it's done.
Your consultation
By video or phone. You tell us what happened. We listen, then explain your options in plain language. Ask anything.
You decide
If you'd like more help, we explain the cost before any work starts, in writing. If not, there's no obligation and no charge.
What can count as constructive dismissal
Ontario's guide to the Employment Standards Act describes constructive dismissal as a significant change to a fundamental term or condition of employment, made without the employee's actual or implied consent. Not every change qualifies. Employers can usually make minor changes, and the question is whether the change is substantial when looked at objectively.
- A significant cut to salary, commission or benefits.
- A demotion, or a major reduction in duties, responsibilities or status.
- A significant change to hours or work location.
- A temporary layoff that the contract does not allow. (A layoff that runs longer than the Act permits is treated as a termination.)
- Harassment or treatment that makes continued employment intolerable, or an ultimatum to resign or be let go.
Resigning, staying or objecting
Under the Employment Standards Act, a constructive dismissal generally counts as a termination only if the employee resigns in response to the change within a reasonable period. At the same time, continuing to work under the new terms for a long time without objecting may be treated as accepting them. In some cases, courts have also expected an employee to keep working for the same employer during the notice period, if the relationship has not broken down.
Because the timing matters on both sides, many people find it helpful to understand their position before they resign or accept a change. A lawyer can review the change against the contract and the law, and explain the options, including raising an objection in writing while the discussion continues.
What the law sets
The Employment Standards Act, 2000 sets minimum notice and, for some employees, severance pay. After three months of employment, an employee whose job ends without cause is entitled to written notice, or pay instead of notice: one week for each completed year of service, up to eight weeks. A contract cannot reduce these minimums.
Depending on your contract, you may be entitled to more under the common law, which looks at factors such as your age, length of service, role and how hard it may be to find similar work. The same rules apply when a dismissal is constructive.
Time limits
For many employment claims in Ontario, the general limitation period is two years, but some deadlines are much shorter. A claim under the Act to the Ministry of Labour also has a two-year limit.
Related: Wrongful dismissal · Wrongful dismissal in Ontario (guide) · Severance in Ontario: what the law requires
General information, not legal advice. Last reviewed: October 2026 · Lutfi Law
Common questions
Still unsure? Our assistant can answer general questions any time.
Ask the AI assistantWhat is constructive dismissal?
If your employer makes a major change to your job without your agreement, such as your pay, hours or role, it may be treated as a dismissal, with the same rights to notice or pay in lieu of notice.
Is a pay cut constructive dismissal?
It can be, if the cut is significant and you did not agree to it. A small or temporary change may not be enough. The answer depends on the size of the change, the contract and the circumstances.
Do I have to quit to claim constructive dismissal?
Under the Employment Standards Act, the employee generally has to resign in response to the change within a reasonable period. Resigning too early or too late can both affect a claim, so the timing is worth discussing first.
Can a toxic work environment be constructive dismissal?
Sometimes. Ontario's guide to the Act lists harassment or abuse among the situations that may amount to constructive dismissal. It depends on how serious the conduct is and how the employer responded.
Is constructive dismissal hard to prove?
It depends on the facts and the records. Contracts, pay stubs, emails and notes made at the time of the change help show what changed and whether you agreed.
How long do I have to act?
For many employment claims in Ontario the general limitation period is two years, but some deadlines are much shorter, and staying silent for a long time may be treated as accepting the change.
Is the first consultation free?
Yes. The initial consultation is free for employment matters.
Terminated in Ontario? 5 things to do before you sign.
A one-page checklist to keep nearby before you make any decisions. Free to download, no email needed.
General information, not legal advice.
