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Expertise / Civil Litigation

Constructive Dismissal

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Employment is a contract between employer and employee.  When an employer unilaterally makes a fundamental change to an employment contract, violates an essential term of an employment contract, or acts in such a way as to create a hostile working environment, the employee may have been constructively dismissed.

Constructive dismissal is different from wrongful dismissal because the employer has not formally terminated one’s employment.  However, given the detrimental changes imposed on the employee – such as a demotion, alteration of working conditions or job description, or significant relocation, for example – the employee may be able to claim they have effectively been terminated.  Constructive dismissal gives rise to an employee’s right to reasonable notice and severance as if they had been terminated.

In these circumstances, an employee may decide to accept the employer’s changes to their contract and continue working; refuse them in protest but continue working; or refuse them and leave the workplace to make a constructive dismissal claim against their employer.

It is not always clear if a constructive dismissal has occurred.  That is why it is important to seek experienced legal counsel.  At Wray Legal, we have extensive experience consulting with and representing employees in a variety of workplace situations that amount to constructive dismissal—at all levels of employment and across different sectors and industries. We take the time to understand your situation and goals, assess and evaluate your case, and provide strategic advice regarding your best options to proceed.  Contact us today to see how we can help.

Wray Legal is a full-service employment law and civil litigation firm providing resilient, compassionate and effective counsel and representation to individuals, businesses, unions and institutions across Ontario.

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    Clecia Louzado
    Clecia Louzado
    2021-05-10
    Andrew is very professional, knowledgeable, fair and straightforward. I was grateful for his ability to outline all my options clearly and also his professionalism during a difficult time in his personal life. He did not let his personal life affect any time sensitive needs of my case, which didn’t go unnoticed. Highly recommend Andrew!
    Anton Koschany
    Anton Koschany
    2021-02-21
    Andrew Wray provided thorough analysis of my circumstances and provided sound advice. He is personable, knowledgeable and took the stress out of a stressful situation. In my professional career I have had occasion to work with many lawyers and I can easily say that Andrew meets and exceeds the bar (pardon the pun). Anton K.
    Lamrana Bah
    Lamrana Bah
    2021-02-02
    I had a very positive experience with the staff at Wray Legal LLP. Andrew Wray is a very brilliant bilingual lawyer. I was in search of a French Speaking lawyer and I came across him. He is a good listener, very professional with patience and passion for his job. I am grateful I met you. Thanks to you and your staff for your exceptional services 🙂
    Jamie Saunders
    Jamie Saunders
    2021-01-21
    Andrew Wray came highly recommended and now I know why! Andrew took a personal and very supportive approach as he helped to guide me through a long and challenging labour hearing process that had already cost me too many sleepless nights. His demonstrated understanding of the complex legal and procedural issues gave me tremendous confidence. Having never previously testified or given evidence, his advice on what I could expect on the stand was worth its weight in gold. I was kept completely in the loop with regard to strategies and next steps, and was always made to feel like I was steering the ship - with Andrew as my formidable engine. Oh, and by the way, we won the case! 🙂
    Mark Cuff
    Mark Cuff
    2020-12-19
    I am also highly recommending Wray Legal. Andrew represented me in a complicated employment matter - he was extremely responsive, and knowledgable in offering excellent legal advice. Andrew explained/outlined thoroughly what to expect and worked to make sure I was getting the very best outcome. I really liked how very realistic he was about my options and which would be the most beneficial to my specific situation. Wray Legal came highly recommended from friends and I can see why. Excellent experience
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    Jennifer Morrison
    2020-12-18
    Andrew and his team were there for me at a very difficult time. Andrew is always kind and compassionate, while understanding the job that needs to be done. I was very pleased with the outcome of my case. When it comes to a legal team, you want the best in your corner and Andrew is the best! I would highly recommend calling Andrew to see how his team can get the best settlement for you, I’m glad I did!
    Richard Goodman
    Richard Goodman
    2020-12-18
    Andrew helped me to resolve a complicated legal dispute with a former employer. Andrew was extremely professional is all of his dealings with me and opposing counsel. Andrew treated me as a partner, not just a client. It was an extremely positive experience and outcome, especially considering the difficult nature of the dispute. Thanks for all your help, Andrew!
    Tamara Roitman
    Tamara Roitman
    2020-12-11
    Andrew represented me through a workplace issue during a very low point in my life. From a legal standpoint he was extremely knowledgeable and professional. More than that, however, he was kind, gentle and understanding.  Having a lawyer that not only knew what he was doing, but who is also a good human being who went above and beyond to communicate and offer emotional support was the best possible thing both for the outcome of my case as well as for my mental health. I will always feel grateful to Andrew and his firm.
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