Understanding constructive dismissal

Constructive dismissal occurs when an employer makes significant changes to the terms of an employee’s employment without their consent, or when a hostile or toxic work environment is created or allowed to persist. These changes can include a reduction in compensation, relocation, demotion, changes in work hours, or permitting harassment and discrimination in the workplace.

Learn more about constructive dismissal in your province:

Ontario  Alberta  British Columbia


WATCH: Employment lawyer Lior Samfiru discusses everything you need to know about constructive dismissal on an episode of the Employment Law Show.


When you may have been constructively dismissed

  • Reduced Compensation: Significant reductions in salary, commission, bonuses, benefits, or pension entitlements.
  • New Work Location: Relocation resulting in a longer or more difficult commute.
  • Demotion: Being demoted without justification or consent.
  • Change in Shift or Work Hours: Changes to your work hours or shifts that were not agreed upon.
  • Toxic Work Environment: Facing discrimination, harassment, unwarranted discipline, or a poisoned work environment.
  • Temporary Layoff: Being put on a temporary layoff without it being outlined in your employment agreement.

What to do if you’ve been constructively dismissed

If you believe you’ve been constructively dismissed, do not quit before speaking to us first. Our employment lawyers can help you understand your options and how to respond to changes made to your job without your consent. Contact us online or call 1-855-821-5900 to get the advice you need, the compensation you deserve.

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Significant change to your job?

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More about constructive dismissal

Explore some of our past blogs and episodes from the Employment Law Show related to constructive dismissal in Canada.

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See what our clients are saying

After learning that I was a victim of constructive dismissal, I got in touch with Samfiru Tumarkin LLP, which was highly recommended by a very good friend of mine. They were awesome to talk with as they showed so much empathy and compassion. A great experience with an excellent law firm.
Donald Pereira
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I was constructively dismissed from my employer, whom I had worked for, for over 9 years. I was confused and scared. I spoke with David Vaughan who was able to connect with me on a "human" level. Being represented by Dave and his team was the smart choice! I am so grateful to the firm with how they advocated my matter! Thank you so very much!
Warren Ward
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This was the best experience and outcome given the circumstances. I would highly recommend them to represent you in a constructive dismissal case. The Samfiru Tumarkin team would also have been a great place to have had my employment contract reviewed prior to ever ending up in this situation.
Chris Allen
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Going through any unfair dismissal is difficult, but the experience, support and professionalism from your firm helped me through it. The fact that we received a higher settlement than expected was incredible. Samfiru Tumarkin are not only exceptional lawyers, but exceptional people.
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Lluc Cerda did a great job with my case. He took the time to explain every step of the process and fast-tracked it as much as he could. I highly recommend Lluc and the team at Samfiru Tumarkin!
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