In Ontario, there is a concept called constructive dismissal. If your employer unilaterally makes a fundamental change to your employment terms, you may not be obligated to accept those changes, and are protected. A few examples of a fundamental change in employment that can trigger constructive dismissal can be:
A reduction in compensation
A change your job roles or responsibilities
A change in the job location
A change in work hours
A demotion
These are just a few examples. If your employer gives you no other option but to accept a fundamental change in your employment, the law allows you to resign without sacrificing your entitlement to reasonable notice or severance pay. It is considered constructive dismissal and not resignation. Your employer is required to pay you your entitlements under the Employment Standards Act, along with what you are owed contractually and under the common law. An employer who constructively dismisses an employee is obligated to provide that employee with a reasonable termination package: which includes a payment instead of reasonable notice of termination, benefits, and the severance payment owed.
Why you need an employment lawyer
If you think that you have been may have a case for constructive dismissal, contact an employment lawyer at Kleinman Law to discuss your options and learn your rights. Choosing the right employment lawyer is an important decision that can have a significant impact on your future. You want to choose an employment lawyer with litigation experience who will listen to your concerns, give you the personal attention you need, and try to resolve your dispute quickly and for a large settlement. Kleinman Law may be able to negotiate a suitable termination package, get what you deserve, and better carry you over to your next opportunity. Contact Kleinman Law today for a free consultation.