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Can I Claim Constructive Dismissal In Canada If I Resign In Canada?

Has your employer made changes to your conditions of employment without your consent? Changes in duties, reduced status, reduction in salary or benefits and threats of dismissal can all be examples of constructive dismissal. When these changes are made, employees often feel as if they are being forced to resign, and in many cases they do. If you are experiencing what you believe is constructive dismissal it is likely that you will have to resign before you can make this claim.

Understanding constructive dismissal can be confusing. As an employee, it is important to understand your rights to protect your employment and ensure you receive adequate compensation in the event of dismissal. If you have concerns about changes your employer has made to your terms of employment do not hesitate in reaching out to a qualified employment lawyer such as the experts at Soni Law Firm.

Should I Keep Working Even Though My Employer Has Made Changes to My Employment?

If your employer has made changes to your terms of employment without your consent and these changes have resulted in you needing to quit your job, you may have been constructively dismissed. Sometimes when an employer makes changes that constitute constructive dismissal, an employee may feel that they must go along with the changes. They might feel intimidated into accepting the changes or worry they will be terminated if they do not accept them.

Though it is a stressful situation, an employee may choose to resign and claim that they have been constructively dismissed. In this case, it is a good idea to consult with an employment lawyer. If an employer constructively dismisses an employee and the employee continues to work, it may be viewed as accepting the changes and the employee will not be able to claim constructive dismissal. It is important to make your claim of constructive dismissal soon after you resign as waiting too long may lead to your claim being denied. 

Can I Claim Constructive Dismissal If I have Already Resigned?

If you have resigned from your employment and your reasons are due to changes your employer made, you can claim constructive dismissal. It should be noted that an employee should not wait too long to make this claim as this can affect their case. If you feel that you have been constructively dismissed it is important that you act quickly. A constructive dismissal lawyer can assist you with your case and help you to understand what you are entitled to and it is likely a good idea to reach out to a lawyer before you resign from your place of employment.

What Can I Expect After Claiming Constructive Dismissal?

In many cases, employees who have been constructively dismissed are wishing to obtain a severance package from their employer. It should be considered that in some cases, an employee may be expected to accept re-employment instead of a severance package. There are many factors that will affect the outcome of a constructive dismissal case and often these cases are complicated. In order to best understand your personal situation with your employment, it is crucial that you contact an employment lawyer.

 Constructive dismissal is often not a simple claim. Before you quit your job, it may be a good idea to consult with an employment lawyer who is experienced with constructive dismissal claims. The circumstances of constructive dismissal can be stressful. Get expert advice by booking a free consultation with Soni Law Firm today. 


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About Post Author


Rahul founded Soni Law Firm, a boutique employment, labour, and human rights law firm, with the goal of taking his Downtown Toronto litigation experience and making it accessible to Ontario’s Main Street employees and employers.