Constructive Dismissal

Constructive Dismissal Lawyers

A Changed Job Can Be a Firing

Your employer can't change your pay, hours, or duties
You may be able to leave and still collect full severance
Don't quit before you know where you stand
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Your partner toyour full severance.

Maybe they cut your pay. Maybe they moved you, or stripped your role. Either way, Mirza Law gets back what you're owed, so you can move on.

Do not resign yet.

If you resign, you don't get severance, and you don't get EI either. Don't give the company that gift. Get advice first. The review is free.

Letter of Resignation
Am I owed more?
Employee signature
Anatomy of a Job Change

Their memo, annotated.

Re: Changes to Your Role

Dear Employee,

"Effective Monday, your role will change from Manager to Coordinator"

A demotion is a real change to your job. Losing your title, your team, or your standing can be a firing in the eyes of the law, even if your pay holds.

"Your compensation will be adjusted to reflect the new role"

A real pay cut you didn't agree to can be treated as a firing. You don't have to accept a smaller paycheque to keep the job.

"You will now report to the head office five days a week"

A big change to your hours or your location can be a constructive dismissal. The bigger the change to the deal you agreed to, the stronger the claim.

"We're confident you'll embrace this exciting new direction"

Going along with it can hand them the right to make the change. The window to object is short, so the order you do things in matters.

"Please sign below to confirm your acknowledgement of these changes"

Don't sign. Don't quit. Get advice first. This is the moment that decides whether you keep your severance.

Sincerely,
Human Resources

Going Along With It

Silence is acceptance.

Go along with a cut to your pay, title, or hours and the law can say you accepted it. Object in time and it's a firing, with full severance.

Your job
Pay$90,000→ $76,500
TitleManager→ Coordinator
HoursMon–Fri, days→ incl. nights
Reports toThe VP→ A former peer
This is a firing. Full severance.

From the change
to what you're owed

01

Free review

Tell us what changed and when, and send your employment contract. We work out whether the change counts as a firing in the eyes of the law, and what you're owed if it does.

02

Negotiation

We tell your employer, in writing, that the change is a constructive dismissal, with the court cases that back it up. Most claims settle right here, with no courtroom. We push until the number matches what you're owed.

03

Resolution

We check the fine print on the release, you sign, and your settlement lands in your bank account. You leave on your terms, not the ones they tried to impose.

What's my case worth?

A constructive dismissal pays the same as being fired, based on your age, your job, and how long you worked there. Use your pay from before the change.

The Full Package

It pays the same as a firing.

Once the change counts as a constructive dismissal, you're owed the same severance as if they fired you outright. And it's owed on what you actually earned: average bonus, commission, benefits continuation, pension match. If it was part of your pay, it's part of your severance.

The free review prices every line.

Your severance
Base salaryin the offer
Average bonusowed
Commissionowed
Benefits continuationowed
Pension / RRSP matchowed
Vacation payowed
TotalThe full package
Amir Mirza, Managing Attorney of Mirza Law
Law Society of Ontario

Amir Mirza

Managing Attorney

Licensed: 2017

Constructive dismissal in Ontario

What counts as constructive dismissal?

When your employer significantly changes the terms of your job without your agreement, the law can treat it as a firing, which means you can leave and claim full severance. Changes that often qualify:

A real pay cut, usually around 10 to 15% or more
A change to your hours, shift, or schedule you didn't agree to
A demotion, even if your pay stays the same
A forced relocation or a major change to a remote arrangement
A suspension without pay, or a workload doubled with no extra pay
A toxic or poisoned work environment the employer won't fix

Don't quit first

This is where people lose money. If you just walk out, it can look like you resigned, and resigning usually means no severance. The right move is to get advice before you do anything, so the change is handled as a firing, not a quit. A resignation only counts if it's truly your choice; if you were pushed out or given an ultimatum, the law can still treat it as a termination.

Timing matters

The window to object is short, usually a couple of weeks, a month at most. If you go along with a pay cut or a new schedule to be a team player, you can hand your employer the right to do it again, and the next time it's harder to call it constructive dismissal. If a change just landed, get advice before you settle into it.

What if you quit in the heat of the moment?

If you blew up and quit after a bad day, the law often lets you take it back within a day or two. If you do and your employer won't let you return, that can flip into a termination, and then you're owed severance. A heat-of-the-moment “I quit” isn't always final, so don't assume you've lost everything.

What's a constructive dismissal claim worth?

The same as if they'd fired you outright. Once it's a constructive dismissal, your severance is based on your age, your role, and how long you worked there, not on the reduced terms they tried to impose. So it's measured in months, often many. The change they made doesn't shrink the number; it just changes how the firing happened. The review is free.

Testimonials

Our Clients

Mirza Law has earned 4.8 stars on Google, and
is also top-rated by Best Lawyers Canada, TrustAnalytica, and others

I couldn't be happier with the legal representation I received from Mirza Law. Amir negotiated a significantly higher severance package from what I was initially offered. I’m very grateful for the outcome. He explained every step of the process and was responsive throughout my case.

Sam Tokarz
Sam TokarzClient of Mirza Law

I highly recommend Amir Mirza if your long-term disability insurance claim was denied and you are considering taking legal action. Amir provided me with several options and explained how the process works very thoroughly. He took the time to answer all of my questions and concerns and always responded in a timely manner. I appreciated his caring approach during a stressful time in my life and never felt pressured to pursue litigation when speaking with him.

Sheri Crovetto
Sheri CrovettoClient of Mirza Law

Mirza Law was professional, responsive, and easy to work with. The team provided clear guidance throughout the process and made everything straightforward to understand. I appreciated their support and would recommend them to anyone looking for reliable legal assistance.

James Nigro
James NigroClient of Mirza Law

I can't say enough great things about my experience with this firm. Amir was incredibly helpful and secured a much better settlement than I was initially offered. Couldn't have asked for more. I would definitely recommend Mirza Law.

Nikki Honarkaran
Nikki HonarkaranClient of Mirza Law

My wife's long term disability benefits were cut off after two years and the team at Mirza Law helped us to get them back. We were working with Amir who dealt with our insurance company directly. He took the time to explain the whole process and laid out our options so we always understood where things stood.

Pouya
PouyaClient of Mirza Law

I reached out to this law firm after being denied by Manulife for my long term disability benefits. Amir is genuinely one of the kindest and caring lawyers I have ever met. He guided me through this very difficult period in my life. I understood each part of the process and never felt rushed.

Jessica Turner
Jessica TurnerClient of Mirza Law
Pricing & Support

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Constructive Dismissal Review

A licensed lawyer handles the whole case

Free

Full representation quoted after your review.

What your free review includes:

We review your employment contract
A clear read on whether the change is a constructive dismissal
A full count of everything you're owed
A clear written answer: stay, leave, or push back
We deal with your employer for you
Your case review is free
Mirza Law — Employment Law, Done Better.
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