Forced resignation in Ontario: What employees need to know

If your employer is making your job unbearable, you may feel like you have no choice but to quit. But under Ontario employment law, this isn’t always a true resignation – it could be what’s known as a forced resignation, or more accurately, constructive dismissal.

In this blog, we explain what a forced resignation is, how it affects your legal rights, and what you should do before walking away from your job.

Want a quick overview about resignations in Ontario? Watch the video below or check out the full episode in our TV section.

What Is a Forced Resignation?

A forced resignation happens when an employee is pressured to quit because their work situation has become intolerable. This often includes:

• A major cut to your pay or hours
• A demotion or change in duties
• A toxic or abusive work environment
• Being denied proper accommodations
• Sudden or unreasonable relocation

In legal terms, this is called constructive dismissal – and it means you may still be entitled to full severance pay, as if you had been let go.

Examples of Forced Resignation in Ontario

Here are common scenarios where quitting might legally be considered a dismissal:

• Pay cut: Your salary is reduced without your consent.
• Job duties change: You’re suddenly reassigned to a different role with less responsibility.
• Hostile workplace: You’re targeted by bullying, harassment, or ongoing disrespect.
• Lack of accommodation: Your employer ignores your doctor’s recommendations or return-to-work restrictions.
• Location transfer: You’re told to work from a different city, with little notice or support.

Each of these may trigger your right to claim severance—up to 24 months’ pay, depending on your situation.

Forced Resignation vs. Voluntary Resignation

Can You Get Severance if You Were Forced to Resign?

Yes. If your resignation was triggered by unfair treatment, significant changes, or harassment, it may be considered a termination without cause under Ontario law.

You may be entitled to:

• Severance pay (up to 24 months’ pay)
• Compensation for lost benefits or bonuses
• Additional damages if discrimination or bad faith is involved

Don’t assume you’re out of luck just because you quit.

What to Do if You’re Being Pressured to Quit

Before resigning, follow these steps to protect yourself:

1. Document everything: Keep records of any emails, memos, or conversations that show how your job changed.
2. Talk to an employment lawyer: Don’t resign before getting legal advice from Samfiru Tumarkin LLP. Quitting too soon may reduce your ability to claim compensation.
3. Don’t sign anything right away: If you’re handed a resignation letter or asked to sign a release, stop and speak to us first.
4. Avoid resigning out of frustration: You may have more legal leverage than you think.

How We Can Help

At Samfiru Tumarkin LLP, we’ve helped over 50,000 non-unionized employees across Ontario and Canada. If you’re being pushed to resign, we’ll assess your situation and confirm whether it’s constructive dismissal. If it is, our experienced employment lawyers in Ontario will negotiate a full and proper severance package – and take effective legal action, if need, to recover what you’re owed.

Speak to an Employment Lawyer in Ontario Today

If you’re a non-unionized employee and feel like your employer is forcing you out, you have rights – and our Ontario employment lawyers can enforce them.

Call Samfiru Tumarkin LLP today at 1-855-821-5900 or request a consultation online.