Employment Law

Can My Employer Demote Me in Ontario?

A photo of a person sitting on a brown couch with their hand over their face. (Photo: Nik Shuliahin / Unsplash)

A demotion at work can feel confusing, stressful, and even humiliating. Many people in Ontario aren’t sure whether a demotion is legal — or if it counts as a type of termination.

Here’s the reality: your employer can only demote you in very limited situations.
In many cases, a demotion is a constructive dismissal, which means you can get full severance pay.

This guide explains when a demotion is legal, when it crosses the line, and what steps you should take before agreeing to anything.


What Is a Demotion in Ontario?

A demotion happens when your employer makes a significant change to your role, such as:

  • Lowering your job title
  • Reducing your responsibilities
  • Removing your leadership or decision-making duties
  • Changing who you report to
  • Reducing your salary, hours, or commissions
  • Moving you to a less senior or less visible position

💡 Even one major change can be enough to violate your employment rights.


Can an Employer Legally Demote You in Ontario?

Yes — but only in very limited situations.

An employer in Ontario may be able to demote you if:

  • Your employment contract clearly states that a demotion can occur
  • You agreed to certain conditions (e.g., probation after a promotion)
  • The change is minor and does not affect pay, status, or key responsibilities

Outside of these narrow situations, most demotions are not legal.
They are a major change to your employment, which amounts to constructive dismissal.


When a Demotion Becomes Constructive Dismissal in Ontario

Under Ontario law, a demotion is a constructive dismissal if your employer makes a fundamental change to your job without your consent.

A demotion may qualify as constructive dismissal if it involves:

  • A meaningful salary or hours reduction
  • losing management or leadership duties
  • A title change that lowers your status in the company
  • A move that harms future promotion or earning potential
  • A humiliating or punitive reassignment
  • A new reporting structure that diminishes authority
  • A change that causes embarrassment, stigma, or reputational harm

If this happens, you may be legally entitled to quit and claim severance, just as if you were fired.

Many employees in Ontario get up to 24 months’ pay, depending on age, position, and years of service.

Can I Be Demoted Without Warning in Ontario?

In most situations, no.

A sudden, unexpected demotion is one of the strongest signs of constructive dismissal.
Employers are generally expected to:

  • Provide clear expectations
  • Communicate performance issues
  • Offer reasonable opportunities to improve
  • Act in good faith

💡 A demotion that comes “out of nowhere” — especially if there were no prior concerns — is often treated the same as a termination without cause.


Is a Pay Cut Considered a Demotion?

Yes.
In Ontario, any significant reduction in pay is a major change to the employment relationship.

This includes:

  • Salary cuts
  • Loss of bonuses or commissions
  • Reduced hours
  • Taking away a car allowance or similar benefits
⚠️ A pay cut is one of the easiest ways for a demotion to become a constructive dismissal.

Can an Employer Change Your Job Duties in Ontario?

Your employer can make small, temporary, or reasonable adjustments to your duties.
But they can’t:

  • Gut your responsibilities
  • Move you to a junior role
  • Assign you work far below your skill or seniority level
  • Remove your authority or leadership role

When job duties change significantly, it is a demotion in practice, even if your title stays the same.


Can You Be Demoted for Poor Performance in Ontario?

Yes — but only in restricted cases.

A demotion may be legal if:

  • There is documentation of poor performance
  • You were warned and given time to improve
  • The employer followed a fair, consistent process
  • The change aligns with your employment contract
⚠️ If they skip any of these steps, the demotion may be invalid.

Demotion After Medical Leave, Disability, or Accommodation

In Ontario, it is illegal for an employer to demote you because of:

This may violate the Human Rights Code, which can lead to additional compensation.


Demotions as Punishment or Reprisal

Your employer can’t demote you as retaliation for:

  • Reporting unsafe work
  • Asking about your rights
  • Taking maternity or parental leave
  • Filing a harassment or discrimination complaint
  • Requesting accommodation
  • Participating in Ministry of Labour investigations
⚠️ Any demotion tied to reprisal can result in significant legal remedies. Learn more in our resource about Workplace Retaliation in Ontario.

Demotion During Restructuring or Downsizing

Even during a restructure, your employer must follow the law.

A demotion connected to “restructuring” may still be constructive dismissal if:

  • Your pay is reduced
  • Your seniority is affected
  • Your responsibilities change materially
  • Your title gets a downgrade
  • You’re moved into a less meaningful role

A company restructuring in Ontario does not give employers a blank cheque to alter your job.


Should You Accept a Demotion?

It depends on your situation.
Before accepting or rejecting a demotion:

✔ Don’t quit

Quitting too quickly may limit your severance options.

✔ Ask for details in writing

Clarify the new title, duties, pay, and reporting structure.

✔ Respond in writing

If you disagree, politely state that you do not accept the change.
This protects your legal position.

✔ Speak with an employment lawyer

A short conversation can determine whether the demotion is legal and what your severance rights may be.


How Much Severance Are You Owed After a Demotion?

If your demotion qualifies as constructive dismissal, you may be owed:

Many Ontarians receive significantly more than the minimums set out in the Employment Standards Act.

ℹ️ Learn more about severance in our How to Negotiate Severance in Ontario resource.


When to Contact an Employment Lawyer

If you’ve been:

  • Demoted without warning
  • Had your pay reduced
  • Moved to a junior role
  • Stripped of responsibilities
  • Targeted, pressured, or punished
  • Demoted after medical leave
  • Told to “accept it or resign”

…you should speak with an employment lawyer in Ontario immediately.

You may be entitled to substantial severance and additional compensation.

The team at Samfiru Tumarkin LLP assists thousands of non-unionized workers with demotions and severance package negotiations, and commands a high level of respect from employers across the province.

For most severance negotiations, we operate on a contingency fee basis, meaning you don’t pay unless we win.

📞 Call us at 1-855-821-5900email help@employmentlawyer.ca, or use our online form for a consultation.

⚠️ UNIONIZED? Contact your union immediately. By law, employment lawyers can’t represent unionized employees.

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