Constructive dismissal: Should I stay or should I go?

Employee constructive dismissal claims becoming commonplace
By Ritu Mahil
|Canadian Employment Law Today|Last Updated: 01/21/2014

Should I stay or should I go?” may be the question an employee asks himself when he faces a difficult working environment and considers filing for constructive dismissal.

Constructive dismissal is when an employer indirectly encourages an employee to resign by failing to comply with the employment contract or one-sidedly changing the employment terms without the employee’s prior consent.

It is distinguished from an ordinary resignation because it is the employer that initiates changes to the terms and conditions of the employment contract.