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Constructive Dismissal Ottawa
If you believe you have been constructively dismissed or your employer has made a major change to your job, contact Walker Legal Professional Corporation. Speak with a Constructive Dismissal Lawyer in Ottawa who provides clear legal advice, personalized strategies, and steady guidance at every stage of your employment law matter.
Constructive Dismissal Claims in Ottawa
Constructive dismissal occurs when an employer fundamentally alters the employment relationship without the employee’s consent. Under Ontario employment law, this can allow an employee to treat the employment as terminated and pursue compensation such as severance pay, termination pay, and common law reasonable notice.
At Walker Legal Professional Corporation, we help employees in Ottawa assess whether employer conduct meets the legal threshold for constructive dismissal and determine the best path forward—negotiation, settlement, or litigation.
What Is Constructive Dismissal Under Ontario Law?
Constructive dismissal happens when an employer unilaterally makes a fundamental change to essential terms of the employment contract. Common examples include:
Significant reduction in salary or compensation
Demotion or loss of responsibility
Forced relocation or major schedule changes
Temporary layoff without contractual authority
Hostile or toxic work environment
Persistent workplace harassment
Substantial changes to job duties or reporting structure
If these changes make continued employment unreasonable, Ontario law may treat the situation as a wrongful dismissal—even if the employee resigns.
Your Rights After a Constructive Dismissal
Employees who are constructively dismissed may be entitled to:
Severance pay
Termination pay or pay in lieu of notice
Common law reasonable notice
Continuation or compensation for lost benefits
Aggravated or punitive damages (in serious cases)
Entitlements depend on factors such as length of service, age, position, compensation, employment contract terms, and the availability of similar employment.
Our Approach to Constructive Dismissal Cases
Our Process
Initial Consultation – We listen to your story and review your employment contract and key facts.
Legal Assessment – We determine whether the employer’s actions amount to constructive dismissal under Ontario law.
Evidence Review – We analyze documents, communications, performance reviews, and workplace records.
Strategy Development – We outline options for negotiation, severance discussions, or legal action.
Negotiation or Litigation – We pursue fair compensation through settlement or court where required.
Resolution & Transition Support – We finalize agreements and advise on protecting future income and benefits.
Our Constructive Dismissal Legal Services
Constructive dismissal and wrongful dismissal claims
Employment contract and written agreement review
Advice on severance pay, termination pay, and common law notice
Representation for toxic work environment and workplace harassment claims
Temporary layoff and forced change disputes
Negotiation of severance packages and settlement agreements
Court, mediation, and litigation representation
Strategic guidance during transition to new employment
Why Choose Walker Legal Professional Corporation
At Walker Legal Professional Corporation, we understand how employment disputes affect your livelihood and future. Led by George Walker, our Ottawa employment team take a client-focused, practical approach—listening carefully, challenging unfair employer conduct, and delivering clear advice at every stage.
We combine strong employment law knowledge with steady support, helping clients protect their rights, reduce stress, and pursue fair outcomes.
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Surrounding Ottawa areas
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Frequently Asked Questions
What is constructive dismissal under Ontario employment law?
Constructive dismissal occurs when an employer unilaterally and fundamentally changes a key term of the employment contract without the employee’s consent. These changes can include a significant reduction in salary, demotion, forced relocation, temporary layoff, or a toxic work environment. Under Ontario employment law, an employee who is constructively dismissed may resign and pursue a wrongful dismissal or constructive dismissal claim.
How do I know if I have been constructively dismissed?
You may have been constructively dismissed if your employer makes significant changes to a fundamental aspect of your employment relationship, such as your compensation, duties, position, or working conditions. Courts assess the employer’s actions, the employment contract, and your individual circumstances to determine whether the changes constitute constructive dismissal.
Is constructive dismissal the same as wrongful dismissal?
They are related but different. Wrongful dismissal usually involves direct termination without proper notice or severance pay. Constructive dismissal occurs when the employee resigns because the employer’s conduct effectively ended the employment relationship. In both situations, Ontario employees may be entitled to severance pay, termination pay, and common law reasonable notice.
Do I need to resign to claim constructive dismissal?
In most constructive dismissal cases, the employee resigns because continuing to work would mean accepting the employer’s unilateral and fundamental change. However, timing matters. Accepting the changes for too long may weaken a claim. Speaking with an employment lawyer early helps determine the best course before resigning.
What employer actions are commonly considered constructive dismissal?
Employer actions considered constructive dismissal may include:
Significant salary or compensation reduction
Demotion or loss of status
Forced relocation
Temporary layoff or lay off without contractual authority
Major changes to an employee’s duties or position
Workplace harassment or a toxic work environment
Courts look at whether the employer unilaterally imposed these changes and whether they affect a fundamental aspect of employment.
Can a temporary layoff be constructive dismissal?
Yes. A temporary layoff or temporary lay off can be constructive dismissal if it is not permitted by the employment contract or exceeds what Ontario employment standards allow. In certain situations, a layoff may entitle the employee to full severance pay and termination compensation.
How do I prove constructive dismissal?
To prove constructive dismissal, you must show that the employer unilaterally made a fundamental change to the employment relationship. Evidence may include the employment contract, written notices, emails, pay records, performance reviews, and documentation of workplace harassment. An employment lawyer helps you successfully establish constructive dismissal using legal tests applied by Ontario courts.
Who can bring a constructive dismissal claim in Ottawa?
Most non-unionized employees in Ottawa can bring a constructive dismissal claim if the legal threshold is met. This includes office administrators, managers, executives, and professionals. Each case depends on the employee’s role, contract, and the employer’s conduct.
What compensation can I receive for constructive dismissal?
Employees who successfully claim constructive dismissal may be entitled to:
Severance pay
Termination pay or pay in lieu of notice
Common law reasonable notice
Compensation for lost benefits and vacation pay
In serious cases, aggravated damages
The amount depends on factors such as length of service, salary, position, and availability of similar employment.
Should I accept a severance package from my former employer?
You should not accept a severance package or sign a release without legal advice. Many severance offers do not reflect full common law entitlements. An experienced employment lawyer can assess whether the offer fairly compensates you or whether negotiation is appropriate.
How long does a constructive dismissal case take?
Some constructive dismissal claims resolve quickly through negotiation. Others proceed to court and may take longer depending on complexity, evidence, and the employer’s willingness to settle. Early legal advice often leads to faster and stronger outcomes.
Do I need a constructive dismissal lawyer in Ottawa?
Yes. Constructive dismissal law is complex and highly fact-specific. A constructive dismissal lawyer can evaluate whether your employer’s conduct meets the legal standard, protect your rights, and pursue appropriate compensation.
What should I do before starting a constructive dismissal claim?
Before starting a claim:
Preserve documents and communications
Do not accept changes or sign agreements without advice
Avoid delaying resignation if changes are fundamental
Speak with an employment lawyer to determine the best strategy
Early action helps protect your legal entitlements.
Resolve Your Legal Challenges
Legal matters, whether in family or employment law, can be stressful and time-sensitive. Our Ottawa lawyer specialize in providing focused, practical solutions designed to protect your rights and achieve effective outcomes.
By booking an appointment with our team, you take a concrete step toward resolving disputes, understanding your options, and safeguarding your future. We handle each case with precision and care, ensuring your unique situation is fully addressed. Don’t wait—secure your appointment today and move forward with confidence knowing experienced legal support is on your side.