Forced to Resign in Ontario? That Might Be a Termination
A resignation has to be voluntary. If your employer pressured or pushed you into quitting, the law may treat it as a dismissal, and you may be owed severance.
Key takeaways
- A resignation only counts if it is voluntary. Pressure or coercion can turn a "resignation" into a dismissal.
- "Resign or be fired" ultimatums, forced sign-offs, and being pushed out can amount to a termination in law.
- If it is really a dismissal, you may be owed the same severance as if you had been fired.
- Do not sign a resignation letter under pressure. Once you resign, it is harder to claim.
- This overlaps with constructive dismissal, where the employer makes your job untenable.
In this article
Employers sometimes prefer a resignation to a firing, because it can look like the employee chose to leave, with no severance owed. But the law looks at substance, not labels. If you did not genuinely choose to quit, calling it a resignation does not make it one.
✅Quick answer. A valid resignation must be voluntary and clear. If your employer forced, pressured, or coerced you into resigning, for example with a "resign or be fired" ultimatum, the law can treat it as a termination. That means you may be owed the same severance you would get from an ordinary dismissal, not nothing.
When is a resignation not really a resignation?
A resignation has to reflect a genuine, voluntary decision to leave. Courts look at whether a reasonable person would have understood you to be truly resigning. A resignation given in the heat of the moment, under pressure, or in response to an ultimatum can be found not to be a real resignation at all.
Common situations that are really dismissals
- "Resign or be fired." An ultimatum to quit or be terminated is generally a termination, not a voluntary resignation.
- Being pushed out. Pressure, hints that you should leave, or making your position untenable can amount to a dismissal.
- Forced sign-offs. Being told to sign a resignation letter on the spot, with no chance to think or get advice.
- Constructive dismissal. Where the employer fundamentally changes your job and you leave in response, which is its own claim. See constructive dismissal.
⚠️Do not resign under pressure. If you are told to resign, you do not have to do it on the spot. Ask for the request in writing, do not sign anything immediately, and get advice. Resigning makes a claim harder, so it is worth pausing first.
What can you claim if you were forced out?
If your resignation was really a dismissal, you can claim what you would be owed for a wrongful dismissal: common law reasonable notice, based on your age, service, role, and the job market, up to about 24 months. The starting point is showing that you did not genuinely choose to leave.
When a court treats a departure as a dismissal, the notice it awards tracks the usual factors, and for older, long-service employees it can be large. In Ristanovic v. Corma Inc. (2021 ONSC 3351), a 66-year-old with nearly 28 years of service recovered 22 months, the court noting his age and the difficult job market for older workers. In Butkovic v. Hudson's Bay Company (2021 ONSC 2610), a 39-year-old with about 10 years of service was awarded 11 months. The pattern is the same as any wrongful dismissal: the more your age and length of service weigh against you in the job market, the longer the notice, and none of it depends on the word "resignation" your employer wanted to use.
Pushed to quit? See what a dismissal claim is worth
If your resignation was not truly voluntary, the law may treat it as a firing. Estimate the severance you could be owed with our free calculator.
What should you do?
- 1.Do not sign a resignation letter under pressure.
- 2.Write down exactly what was said and by whom, while it is fresh.
- 3.Keep any emails or messages showing you were pushed.
- 4.Get advice quickly. A free review tells you whether your "resignation" was really a dismissal.
Frequently asked questions
Is being forced to resign the same as being fired in Ontario?
It can be. A resignation must be voluntary. If you were coerced or pressured into quitting, the law may treat it as a termination, which can entitle you to severance.
My employer said resign or be fired. What are my rights?
A resign-or-be-fired ultimatum is generally treated as a termination, not a voluntary resignation. You may be owed the same severance as an ordinary dismissal. Do not sign anything before getting advice.
Can I take back a resignation I gave under pressure?
Sometimes. A resignation given in the heat of the moment or under coercion may not be a valid resignation at all. Act quickly, document what happened, and get advice.
What is the difference between forced resignation and constructive dismissal?
Forced resignation is being pressured to quit. Constructive dismissal is where the employer fundamentally changes your job so you leave in response. Both can entitle you to severance as if you were dismissed.
Carmen Reyes
Legal Writer, Mirza Law
Carmen Reyes is a legal writer at Mirza Law in Toronto. She writes about constructive dismissal, workplace changes, and how Ontario employees can protect themselves when their job changes under them.
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