When major aspects of your job suddenly shift — a
reduced bonus, new duties you never agreed to, a demotion,
unresolved conflict, or other unfavourable changes
— employees often feel they're being eased out
rather than openly dismissed. And sometimes, that instinct is
accurate. In employment law, this situation is known as
constructive dismissal (or constructive discharge).
Employers, for their part, are often surprised to learn that
making unilateral changes to essential terms of employment can
legally amount to a termination, even if they never said the words
“you're fired.”
But whether you're an employee feeling pushed out or an
employer managing a difficult situation, one fact is crucial:
there's a big difference between constructive dismissal
occurring and being able to prove it. And if the employee takes the
bold leap of resigning, both sides should expect litigation because
it rarely resolves quickly.
