It depends. If you resigned because the workplace became an intimidating environment or because of a serious breach of the terms of your contract, then it may be possible to claim constructive dismissal and pursue associated damages on the basis that the employer’s actions resulted in a forced departure. Keep in mind however that not all changes to the employment relationship will give rise to constructive dismissal.
The breach must be “fundamental” to the contract, and what precisely is “fundamental” is determined on a case-by-case basis. If you are successful at a claim for constructive dismissal you are entitled to termination payments as if the employer had proactively terminated your employment and potentially other damages, including in relation to the way you were treated at work. It is important to act reasonably when considering bringing forward a constructive dismissal claim after resignation, otherwise, it could result in a court determining that you resigned and were not dismissed from your employment.
What is “reasonable” is determined on a case-by-case and that’s why it’s important to receive proper advice from an employment lawyer. If you have resigned or are thinking about resigning and are seeking legal advice, please contact Toronto employment lawyers, Sultan Lawyers at 416-214-5111 or via email at khayward@sultanlawyers.com.