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Can I Sue My Employer for Constructive Dismissal?

Can I Sue My Employer for Constructive Dismissal?

Constructive dismissal and the ways in which it can take place is something that all employees should be aware of. Though it can be difficult to know when you are being constructively dismissed, knowing what constitutes constructive dismissal can help you to protect your rights. If you feel that you are being constructively dismissed, you may wonder, can I sue my employer for constructive dismissal? Suing your employer for constructive dismissal is possible. However, knowing how to do this can often be overwhelming.

At Soni Law Firm, we are the employment lawyer Toronto employees turn to when looking for help with constructive dismissal concerns. We understand that constructive dismissal can be complex and that understanding the unique employer-employee relationship is important to navigating constructive dismissal claims. In this post, we help you understand what you can do if you feel you are being constructively dismissed.

What is Constructive Dismissal?

Constructive dismissal is not always obvious and can take place in many ways. Generally speaking, constructive dismissal happens when an employer makes significant changes to an employee’s contract of employment without the employee’s consent. Changes in duties, reduced status, reduced salary or benefits, and even threats of dismissal could be considered constructive dismissal. Constructive dismissal may leave an employee feeling as if they must go along with their employer’s demands or that they must resign.

Constructive dismissal is not always straightforward. If you have already resigned, you may still be able to sue your employer for constructive dismissal. Speaking with a constructive dismissal lawyer can help you understand your next steps. For more information, see our post, Can I Claim Constructive Dismissal in Canada if I Resign?

Can I Sue My Employer If I Feel I am Being Constructively Dismissed?

If you feel that you are being, or have been constructively dismissed, your first step should be to speak with a dismissal lawyer. An experienced lawyer can help you to determine what next steps are most appropriate in your unique situation. Suing your employer after your resignation may be right for you. However, staying at your place of employment and suing for damages related to constructive dismissal may also be an option.

Do I Need to Consult a Lawyer to Sue for Constructive Dismissal?

Employees may wonder if it is necessary to consult with a termination lawyer in order to sue their employer. As constructive dismissal is often complex, seeking assistance from a termination lawyer is a good idea. Our post, How to Win a Constructive Dismissal Case, offers insight into what you can do to help you succeed with your constructive dismissal claim.

Knowing your rights as an employee is important. At Soni Law Firm, we are dedicated to helping you understand and protect your rights. Contact a member of our team and let us help you make sense of constructive dismissal. Representing you through every stage of your employer-employee dispute, we are the experts you can depend on when looking for an employment lawyer in Toronto.

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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.