Forced Resignation in Ontario: What Employees Need to Know - Samfiru Tumarkin LLP
If your employer is making your job unbearable, you may feel like you have no choice but to quit. But under Ontario employment law, this isn’t always a true resignation – it could be what’s known as a forced resignation, or more accurately, constructive dismissal.
In this blog, we explain what a forced resignation is, how it affects your legal rights, and what you should do before walking away from your job.
Want a quick overview about resignations in Ontario? Watch the video below or check out the full episode in our TV section.
What Is a Forced Resignation?
A forced resignation happens when an employee is pressured to quit because their work situation has become intolerable. This often includes:
- A major cut to your pay or hours
- A demotion or change in duties
- A toxic or abusive work environment
- Being denied proper accommodations
- Sudden or unreasonable relocation
In legal terms, this is called constructive dismissal – and it means you may still be entitled to full severance pay, as if you had been let go.
Important: Employers can’t legally force you to resign. If they do, they may be exposing themslves to a wrongful dismissal claim in Ontario.
Examples of Forced Resignation in Ontario
Here are common scenarios where quitting might legally be considered a dismissal:
- Pay cut: Your salary is reduced without your consent.
- Job duties change: You’re suddenly reassigned to a different role with less responsibility.
- Hostile workplace: You’re targeted by bullying,...
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