A constructive dismissal lawyer in Hamilton helps non-unionized employees determine whether major unwanted changes to their job amount to a termination and whether they are entitled to severance.
Constructive dismissal happens when your employer substantially changes an important term of your employment without your agreement, or acts in a way that fundamentally breaches the employment relationship. You may not have been formally fired, but the law can treat you as though you were.
The biggest mistake is resigning before you know whether the legal test has been met. If your employer has significantly changed your pay, duties, hours, status or working conditions, get advice before quitting or accepting the new arrangement.
On This Page:
- 1. When to Call a Constructive Dismissal Lawyer
- 2. What Qualifies as Constructive Dismissal?
- 3. Common Examples
- 4. Severance After Constructive Dismissal
- 5. What to Do Before Resigning
- 6. How Our Hamilton Lawyers Can Help
When Should You Call a Constructive Dismissal Lawyer in Hamilton?
You should speak with a constructive dismissal lawyer before resigning, accepting a major workplace change or allowing the change to continue without objection.
A legal review is especially important if your employer has:
- Significantly reduced your salary, bonus or commissions
- Demoted you or removed important responsibilities
- Substantially reduced your hours or shifts
- Made a major unwanted change to your work location
- Placed you on an unexpected unpaid layoff or suspension
- Created or allowed seriously abusive or toxic working conditions
- Made several negative changes that together fundamentally alter your job
- Told you to accept substantially worse terms or leave
Not every frustrating workplace decision is constructive dismissal. The change must be serious enough to fundamentally alter the employment relationship.
What Qualifies as Constructive Dismissal in Hamilton?
Constructive dismissal occurs when an employer substantially changes a fundamental employment term without your agreement or otherwise fundamentally breaches the employment relationship.
For a major workplace change, the key questions are:
- Was the change imposed without your agreement?
- Did it affect an important term of your employment?
- Was the change substantial and harmful to you?
Your employment contract also matters. An agreement can give an employer some flexibility over duties, location, hours or other working terms. The exact wording should be reviewed before you decide whether the company had the right to make the change.
For the full provincial legal framework, read our guide to constructive dismissal in Ontario.
Can several smaller changes add up to constructive dismissal?
Yes. A series of employer actions can amount to constructive dismissal when, viewed together, they show that the employer no longer intends to honour the employment relationship.
For example, repeated reductions in duties, loss of authority, exclusion from important work and compensation changes can become much more serious when considered together.
Common Examples of Constructive Dismissal in Hamilton
Significant pay cuts, demotions, reduced hours, major duty changes and serious workplace mistreatment are common constructive dismissal situations.
Significant pay cut
A substantial unilateral reduction in salary, wages, commissions, bonuses or other important compensation can amount to constructive dismissal.
Demotion or loss of responsibilities
A significant demotion can amount to constructive dismissal even when your salary stays the same. Losing management authority, status, direct reports or core responsibilities can fundamentally change the position you agreed to perform.
Major reduction in hours
A substantial reduction in working hours that significantly lowers your income can amount to constructive dismissal, particularly where the employer had no contractual right to impose it.
Forced relocation
A significant unwanted change to your work location can amount to constructive dismissal when it materially changes an important part of your employment.
Toxic or abusive working conditions
Serious harassment, abuse or a poisoned work environment in Ontario can amount to constructive dismissal when the conduct fundamentally damages the employment relationship.
Ordinary workplace disagreements, personality conflicts and reasonable management decisions are not automatically constructive dismissal.
Can You Get Severance for Constructive Dismissal in Hamilton?
Yes. If you have been constructively dismissed, you can be entitled to severance as though your employer had terminated you without cause.
Your compensation can include salary and, depending on your employment terms, benefits, bonuses, commissions and other compensation you would have received during the applicable notice period.
Ontario’s employment standards provide minimum rights. They are not necessarily your full entitlement. Many non-unionized employees have substantially greater common-law severance rights.
The amount can depend on factors including:
- Your age
- Your length of service
- Your position and responsibilities
- The availability of comparable employment
- Your employment contract
Depending on these factors, severance can reach 24 months’ pay.
Our severance pay lawyers in Hamilton can determine what compensation you are owed if your employer has effectively ended your employment. Learn more about how constructive dismissal settlements in Ontario work.
Is constructive dismissal the same as wrongful dismissal?
No, but the two are closely connected. Constructive dismissal describes how the employer effectively ended the employment relationship. Wrongful dismissal occurs when the employee does not receive the notice or compensation legally owed after a dismissal.
If your employer refuses to recognize the constructive dismissal or provide proper compensation, our wrongful dismissal lawyers in Hamilton can pursue the compensation that should have been paid.
What Should You Do Before Resigning?
Object to the unwanted change, preserve your evidence and get legal advice before deciding whether to resign.
If your employer has substantially changed your job:
- Get the change in writing. Save emails, letters and messages explaining what is happening.
- Review your employment contract. Determine whether the employer claims a contractual right to make the change.
- Object promptly. Continuing indefinitely without objection can make it easier for your employer to argue that you accepted the new terms.
- Keep working unless advised otherwise. Abruptly refusing work or walking off the job can create unnecessary risk.
- Don’t sign new terms without advice. Signing can amount to accepting the change.
- Get legal advice before resigning. The timing and wording of your response can matter.
Can you stay at work while deciding what to do?
Yes, in many cases you can continue working temporarily while getting advice and deciding how to respond.
You should still raise your objection promptly. Working under substantially changed terms for too long without protest can make it harder to argue that you rejected the change.
What if your employer says “accept the change or leave”?
Don’t assume you have to choose between accepting worse terms and resigning with nothing.
An ultimatum involving a fundamental negative change can support a constructive dismissal claim. Ask for the employer’s position in writing and get advice before responding. Learn more about forced resignation in Ontario.
How Can a Hamilton Constructive Dismissal Lawyer Help?
A constructive dismissal lawyer can determine whether the legal threshold has been met, advise you how to respond and pursue severance if your employer has effectively ended the employment relationship.
Samfiru Tumarkin LLP can:
- Review the workplace changes and your employment contract
- Determine whether the changes are serious enough to support a claim
- Advise you how and when to object
- Help you avoid accidentally accepting new employment terms
- Advise you before any resignation is submitted
- Calculate the severance compensation you are owed
- Negotiate with your employer and pursue a wrongful dismissal claim when necessary
The goal is not to rush you out of your job. It is to understand what your employer has done, protect your rights and determine the best way forward.
Constructive Dismissal Lawyer Hamilton: Frequently Asked Questions
Do I have to quit to claim constructive dismissal?
A constructive dismissal claim normally involves treating the employer’s fundamental breach as ending the employment relationship, but don’t resign until you know whether the legal test has been met.
Is a pay cut constructive dismissal?
A substantial unilateral pay cut can amount to constructive dismissal. Whether your particular reduction crosses the threshold depends on its size, your employment contract and the surrounding circumstances.
Is a demotion constructive dismissal?
A significant demotion can amount to constructive dismissal even if your salary stays the same. A major loss of authority, status, responsibilities or direct reports can fundamentally change your position.
Can reduced hours be constructive dismissal?
Yes. A substantial unilateral reduction in hours can amount to constructive dismissal, particularly when it significantly reduces your income.
How much severance can I get?
If constructive dismissal is established, you can be entitled to the same type of severance compensation available after a termination without cause. Depending on factors such as age, position, service and availability of comparable work, common-law severance can reach 24 months’ pay.
Speak With a Constructive Dismissal Lawyer in Hamilton
Samfiru Tumarkin LLP’s employment lawyers in Hamilton help non-unionized employees respond to major workplace changes and protect their severance rights.
We assist employees in Hamilton and surrounding communities, including Ancaster, Dundas, Stoney Creek, Waterdown, Flamborough and Glanbrook.
If your employer has cut your pay, demoted you, reduced your hours, stripped away responsibilities or fundamentally changed your working conditions, understand your options before you resign or accept the change.
A major workplace change can effectively end the employment relationship. Make sure you know what that means before deciding what happens next.