Understanding Workplace Harassment & Constructive Dismissal in Ontario
Ever walked out of work feeling like your boss is secretly plotting your exit? You might be right.
Not all firings come with a dramatic “you’re fired” moment. Sometimes, employers take a more underhanded approach: making your work life so unbearable that you quit voluntarily. This workplace manipulation tactic is called constructive dismissal.
In Ontario, workplace harassment, especially when it involves bullying, public shaming, or targeting an employee with unreasonable deadlines or exclusion, can amount to constructive dismissal. If an employer is actively trying to push someone out without offering severance pay, that employee may have legal grounds to act.
What Is Workplace Harassment?
Workplace harassment is any unwelcome conduct that demeans, humiliates, or embarrasses an employee. It can come from a manager, a coworker, or even a customer. While physical threats are rare, psychological abuse can be just as damaging.
Examples include:
- A manager constantly belittling or shouting at an employee
- Setting up the employee to fail by shifting deadlines or removing support
- Excluding the employee from meetings or communications critical to their job
- Publicly criticizing or shaming the employee in front of others
Harassment becomes even more serious when it’s based on protected grounds such as gender, race, religion, or disability. But even when it’s not discriminatory, harassment that creates a hostile or toxic work environment can still be legally actionable.
What is Constructive Dismissal?
Constructive dismissal occurs when an employer makes a significant change to the terms of employment or creates such an intolerable work environment that the employee has no real choice but to quit.
For example, an employer who suddenly demotes a long-time employee without cause, cuts their hours, or subjects them to daily humiliation may be engaging in constructive dismissal. If a resignation results from this kind of treatment, the law may treat it as a termination, meaning the employee is entitled to severance.
We often see constructive dismissal used as a workaround to avoid the legal and financial obligations that come with outright firing someone. But if your employer is trying to push you out, you may be owed far more than you think.
Warning Signs Your Employer May Be Pushing You Out
If your workplace has become unbearable, it may not be a coincidence. Some common signs of a “quiet” termination include:
- Increased criticism without justification, especially from a new manager or after returning from leave
- Sudden schedule changes or last-minute deadlines that are designed to make you fail
- Isolation from your team, being left out of key emails or meetings
- Stripping responsibilities that previously defined your role
- Public reprimands or humiliation, often with an audience
- Micromanagement or constant surveillance
These actions are not only demoralizing, but they can have legal consequences for your employer.
What to Do If You’re Experiencing Workplace Harassment
- Document Everything
Keep a detailed record of incidents. Note dates, times, what was said or done, who was present, and how it impacted your work or health.
- Report Internally
Follow your employer’s reporting procedures. File a complaint with HR or your direct supervisor. If possible, put everything in writing and request confirmation of next steps.
- Seek Medical Support
If the situation is affecting your mental health, speak with a healthcare professional. Their documentation may support a leave of absence or strengthen your legal claim if needed.
- Contact a Lawyer Before Resigning
Never quit without speaking to a lawyer. Resigning too early can affect your ability to claim damages. A legal professional can help assess whether constructive dismissal applies and guide your next steps.
You May Be Entitled to More Than You Think
If your employer has made your position untenable through harassment or toxic conduct, the law may entitle you to:
- Severance pay (which may be higher than the ESA minimums)
- Compensation for mental distress
- Damages for breach of contract or bad faith
- Continuation of benefits during your notice period
We’ve handled countless constructive dismissal cases stemming from workplace harassment. Our lawyers understand how these situations unfold and what’s required to hold employers accountable.
Protect Your Rights
Enduring a toxic workplace doesn’t mean walking away empty-handed. If your employer is trying to force you out, you may have a legal case for constructive dismissal. Understanding your rights and getting legal advice early can make a meaningful difference in your financial and emotional recovery.
Book a no-charge initial assessment today: https://leckerslaw.com/contact-us
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