When your employer makes major, unexpected changes to your job, it can leave you feeling confused, stressed, and unsure of your rights. Across Canada, these situations are often referred to as constructive dismissal — and they can entitle non-unionized employees to full severance pay.
This page explains constructive dismissal at a Canada-wide level, and provides direct links to detailed guidance for your province.
What Is Constructive Dismissal? (Canada-Wide Overview)
Constructive dismissal happens when an employer changes fundamental terms of your job without your consent, or creates a work environment that becomes intolerable.
Even if you weren’t formally “fired,” the law may treat your resignation as a termination without cause, often with the same severance entitlements as a regular dismissal.
Examples can include:
- Major changes to core job duties
- Significant reductions in total compensation
- Removal of authority or responsibilities
- Interference with your ability to work safely and effectively
- Conduct that makes it unreasonable to continue in the role
These situations are evaluated through the common law, which applies across Canada — but the specifics vary by province.
📍 Important: Constructive dismissal laws vary by province.
👉 See: Ontario | Alberta | British Columbia
How Constructive Dismissal Is Assessed in Canada
While each province has its own legislation, Canadian courts generally look at two major questions:
1. Was there a fundamental change to the employment relationship?
Courts assess whether a reasonable employee in your position would view the change as substantial. Examples include major role changes, serious compensation issues, or conduct that undermines trust.
2. Did you continue working long enough to be seen as accepting the change?
In some cases, staying in the role too long can be interpreted as “condoning” the new terms. This varies by the situation and type of change.
Because every case is fact-specific, it’s crucial to get legal advice before making any decisions.
Common Signs You May Be Experiencing Constructive Dismissal
Across Canada, employees often contact us when they notice:
- Their job has changed significantly from what they were originally hired to do
- They’re being treated unfairly or differently than before
- Their ability to perform their work has been undermined
- Conditions have deteriorated to the point where the role no longer feels sustainable
If you’re unsure whether a change is “major enough” to qualify, our legal team can help you make that assessment.
Should You Quit Immediately?
No — not before speaking to an employment lawyer.
Many employees assume they must resign right away. In reality, quitting too soon can make it harder to prove constructive dismissal or secure full compensation.
An employment lawyer can:
- Confirm whether the situation qualifies
- Help you respond to your employer strategically
- Protect your severance entitlements
- Prevent you from unintentionally accepting the change
Why Employees Across Canada Choose Samfiru Tumarkin LLP
✔ Canada’s most positively reviewed employment law firm
Thousands of reviews nationwide and more than 50,000 clients helped.
✔ Deep experience in constructive dismissal cases
Our team handles cases involving major job changes, workplace mistreatment, and unfair pressure to resign.
✔ Clear, practical guidance
We explain your rights in plain language so you can make informed decisions.
✔ No-win, no-fee for most employment matters
You don’t pay unless we recover compensation (conditions apply).
✔ National reputation for results
Millions recovered for non-unionized employees across the country.
Think Your Job Has Changed Significantly?
You’re not alone — and you don’t have to navigate this situation without support.
Our team can explain your rights, help you respond to your employer, and tell you exactly what compensation you are owed.
📞 Call 1-855-821-5900 or contact us online today.
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