Forced to Quit? Your Rights and Options in Ontario

Does it feel like your employer is trying to push you out? It's illegal for Ontario employers to force their employees to quit. You might be asking yourself "why don't they just fire me?" The unfortunate answer is that they might be trying to avoid paying your entitlements as mandated by the Employment Standards Act of Ontario and common law. As an employment lawyer, I've seen this story play out too many times to count.

Luckily, employees in Ontario have protections and avenues for recourse. This post outlines your rights as an employee in Ontario and provides options to help you navigate a potential constructive dismissal. 

Key takeaways

• Constructive dismissal is a “forced quit”: If your employer changes your pay, duties, or work environment so drastically that you have no real option but to resign, it is treated like a firing, potentially entitling you to severance or damages.

• Quitting under pressure may still mean severance: A forced resignation does not automatically forfeit your right to termination pay. If you were pushed out, the law often sees it as a wrongful dismissal, just as if you had been formally fired.

• IMPORTANT! Talk to a lawyer before resigning: Gather evidence (emails, notes on changes) and do not sign any new contract or “exit” agreement without legal advice. Leaving impulsively can weaken your claim, so consult with a lawyer first.

• EI benefits may still be available: Normally, quitting can disqualify you from Employment Insurance (EI), but not if your resignation was forced. You must show you had no reasonable alternative but to leave.

• You have options: Sometimes raising the issue internally or negotiating a severance package solves the problem. If not, a constructive dismissal claim may be needed. An employment lawyer can explain your best path forward and help protect your rights.
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Forced to quit: Understanding "constructive dismissal" in Ontario

Did you know that there’s a legal term for the experience of being forced to quit your job? It’s called ‘Constructive Dismissal’. Ontario recognizes constructive dismissal when an employer makes a unilateral and significant change to your employment contract that you haven't agreed to. This could include a demotion, a substantial pay cut, or intolerable working conditions. If you feel forced to resign because of these changes, it may be seen as a constructive dismissal, entitling you to potential compensation. 

It’s important to note that constructive dismissals should not be claimed lightly and that courts have a high threshold for what they consider a "constructive dismissal", meaning that it takes a lot of evidence to prove it successfully.

Think you're being constructively dismissed? Don’t quit before speaking with a lawyer

Whenever possible, try to speak to a lawyer before you quit your job. Not all changes to a work environment will lead to constructive dismissal. If you feel that your health or safety is at risk by continuing to go into work, consider taking a leave while you evaluate your options with a lawyer.  

It's important to speak with a lawyer quickly once concerns arise. Silence can be taken as tacit consent to the change, which would compromise any claim for constructive dismissal. 

The importance of documenting your circumstances

It's critical to document every relevant detail, including: changes in your responsibilities or title, any correspondence regarding these changes, incidents that contribute to a hostile work environment, etc. This evidence is invaluable when making a case for constructive dismissal. Do your best to keep email or text records, journal your experiences, or any other form of documentation.

Do not condone or consent to any changes that you have concerns about, and never sign anything your employer presents to you without speaking with a lawyer first. 

Potential options when facing constructive dismissal

If you find yourself feeling forced to quit your job in Ontario, you should speak with a lawyer immediately, and ideally before you quit. Generally, employees have several paths to consider. Depending on the specifics of your situation, your options may include:
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• Fixing your work environment: Sometimes, an employer just needs to hear your concerns in order to rectify them. 
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• Negotiating a severance package: You may be able to negotiate a severance package with your employer if you’re being constructively dismissed. This can include severance pay, continuation of benefits, and other forms of compensation.
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• Pursuing a claim for constructive dismissal in court: If negotiation does not result in a resolution that you’re satisfied with, you may consider filing a lawsuit for constructive dismissal. This legal action can help you seek compensation for lost wages, emotional distress, and other damages.

Each of these options comes with different considerations, procedures, and potential outcomes. An employment lawyer can provide detailed advice tailored to your circumstances, helping you understand the implications of each choice and guiding you through the process.

Apply for Employment Insurance (EI)

Being forced to quit doesn't automatically disqualify you from receiving employment insurance (EI) benefits. If you can demonstrate that you had no reasonable alternative but to leave your job, you may still be eligible. Ensure your application accurately reflects your situation.

Bottom line, contact a lawyer before quitting

If your employer is making your job intolerable, there's a reason they haven't just fired you. A formal termination would trigger your entitlements. Pushing you out is cheaper, but only if you go quietly.

An employment lawyer can tell you whether what you're experiencing meets the threshold for constructive dismissal, what you're likely owed, and whether you should stay, take a leave, or resign and make a claim. At Kompa Law, we work with employees across Eastern Ontario, including Belleville, Kingston, Cornwall, and surrounding areas. Request a callback before you make any decisions.