By: Stephanie McDonald and Baljinder (Bal) Singh Tiwana
If you are struggling at work and feel desperate to quit, especially if you don’t have another job lined up, pause before making that decision. Your frustration is completely understandable. However, resigning without first seeking legal advice may seriously impact your legal rights—often in ways employees don’t realize until it’s too late.
By quitting prematurely, you could unintentionally give up your rights to recover compensation for workplace violations. What feels like relief in the moment, may affect your legal rights.
Why Speaking to a Lawyer First Matters
An Ontario employment lawyer can assess your situation and determine whether what you are experiencing may amount to constructive dismissal. This is critical because constructive dismissal can entitle you to severance pay and other remedies—rights you may lose if you resign without proper legal advice.
An experienced employment lawyer can provide strategic guidance on whether it is in your best interests to remain employed, where possible, while your situation is properly assessed. In some cases, a constructive dismissal claim needs to be “built.” For example, if you have not told your employer about your concerns and given them an opportunity to fix the matter, this generally weakens a constructive dismissal claim.
In other cases, the manner in which you provide your resignation notice and the reasons in support of your resignation are important as well.
In Ontario, resigning in the wrong manner can seriously undermine a constructive dismissal claim and may result in the loss of severance pay or other compensation. Tactical advice at the right time can help ensure you do not unintentionally forfeit compensation you may be legally entitled to recover.
What Is Constructive Dismissal?
Constructive dismissal occurs when an employer unilaterally makes a substantial change to the essential terms of your employment without your actual or implied consent, effectively forcing you to quit.
Constructive dismissal may arise where an employer:
- Makes a significant reduction to your compensation
- Changes your work location without reasonable justification
- Alters your job duties in a fundamental way e.g. demotion
- Creates or allows a hostile or toxic work environment (for example, failing to address bullying, harassment, or racial abuse in the workplace)
In these circumstances, the employer’s conduct may make the employment relationship intolerable, leaving the employee with no real alternative but to resign.
Quitting Prematurely Can Impact Your Severance Rights
If you resign before fully understanding your legal position, you may unintentionally forfeit your entitlement to severance pay or other compensation you would otherwise be entitled to receive under Ontario law.
This is why timing and strategy is paramount. While you can still pursue a constructive dismissal claim after quitting, it’s way more strategic to get advice before quitting so you understand your rights, the risks, and likely outcome.
Think Before You Act
Do not take action—especially resigning—without first understanding your rights. A short conversation with a lawyer could protect your income, your entitlements, and your future career.
If You’ve Already Quit or Need to Quit Before Obtaining Legal Advice
Speak with a lawyer as soon as possible to ensure that your rights are preserved.
Conclusion
If your workplace has become unbearable, you are not alone—and you may have legal options. Before you quit, please seek legal advice. It could make the difference between walking away empty-handed and securing the compensation you deserve. At Workplace Sage Legal, we can carefully assess your situation to determine whether constructive dismissal occurred, and what next steps you should take, to maximise your ability to negotiate the best outcome.
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Learn more about employment law through the articles below:
- Constructive Dismissal in Ontario: What if your Employer Changes your Compensation without your Agreement?
- The Job I Didn’t Sign Up For: Constructive Dismissal and Changing Roles
- Who is entitled to Reasonable Notice, and how is it calculated?
DISCLAIMER: This article/blog is provided for educational/informational purposes only. This blog does not constitute legal advice. Do not rely on any advice before speaking with a lawyer. This blog does not form a solicitor-client relationship.
