Talk to a lawyer now — free case review
Get clear guidance on your employment situation — severance, wrongful dismissal and your rights. No appointment, confidential.
Runs in your browser · free · confidential
Can I Get Severance If I Quit: How We Can Help
Process
Our assessment follows a rigorous, three-phase legal methodology. First, we conduct a detailed case intake, reviewing your employment contract, documenting all changes to your role, compensation, and work environment, and gathering all relevant communications. We then analyze this evidence against the legal test for constructive dismissal established in Canadian common law and relevant provincial statutes, such as the Ontario Employment Standards Act, 2000. This involves determining if a fundamental breach of contract occurred and if you resigned in direct response to it. Finally, we provide a clear, written opinion on your entitlements, which can include severance pay calculated based on factors like length of service, age, position, and the availability of comparable employment, often amounting to several months' to over a year's salary. To understand the full calculation, we recommend reviewing our detailed guide on How Is Severance Pay Calculated.
At a Glance
| Parameter | Reference Value |
|---|---|
| Typical Assessment Timeline | 1-3 Business Days |
| Key Legal Test | Fundamental Breach of Contract |
| Common Evidence Reviewed | Contracts, Emails, Performance Records |
| Primary Governing Law | Provincial Employment Standards & Common Law |
Local Considerations — Canada
Severance entitlements and the interpretation of constructive dismissal can vary across Canada's provinces and territories, each with its own employment standards legislation and court precedents. For instance, the legal thresholds and notice periods in Ontario, governed by the Employment Standards Act, 2000, may differ from those applied in British Columbia under its Employment Standards Act. Major economic hubs like Toronto, Vancouver, and Calgary often see complex cases involving executive compensation and restrictive covenants, while industries with strong union presence may involve different procedural considerations. Our national team is adept at navigating these regional legal landscapes, ensuring advice is precisely tailored to the jurisdiction governing your employment, whether you are in a major metropolitan center or a more remote region.
Request a Quote
Our team reviews your project and issues an initial report at no cost.
Or write us directly at info@employmentlawyers24.com
Standards & Compliance
- Common Law Principles of Constructive Dismissal
- Provincial Employment Standards Acts (e.g., ESA 2000 in ON)
- Canada Labour Code (for federally regulated employees)
- Human Rights Codes across provinces
Frequently Asked Questions
What exactly is constructive dismissal?
Constructive dismissal is a legal principle where an employer makes a fundamental, unilateral change to your employment contract—such as a major pay cut, demotion, or relocation—without your agreement. This breach is treated as if they fired you, potentially entitling you to severance pay even if you resigned in response.
How long do I have to make a claim after resigning?
Limitation periods are strict and vary by province, typically ranging from 6 months to 2 years from the date of resignation. It is crucial to seek legal advice promptly to preserve your right to pursue a claim for wrongful or constructive dismissal.
What evidence is most important for my case?
Key evidence includes your original employment contract, written records of the negative changes (emails, memos), documentation of your objections, details of your final compensation, and any medical notes if the work environment affected your health.
How much does it cost to assess a severance claim in Canada?
The cost for a legal assessment varies based on case complexity, documentation volume, and the specific legal strategies required. Many firms offer an initial consultation. For an accurate estimate tailored to your situation, we recommend requesting a specific case evaluation from our team.