Are your answers geared toward Ontario employers and employees. I as an employee in another Province and think I may be faced with constructive dismissal, the writing seems to be on the wall the employer is trying to push me out. 1) If it happens and I have to fight this, is there a mandated deadline when a decision has to be made so that the employee is not left for a long time without income 2) Would I be entitled to Employment insurance during this period and if I go the EI route do I then lose my claim for constructive dismissal. Been with employer for over 5 years am on salary. Thank you Marie

The answer to your question could depend on what your employment agreement says. Each province has its own employment standards legislation, which varies. However, there is also a branch of law called 'common law' which governs and applies across Canada. If you believe you have been constructively dismissed, there are limitation periods (which vary by province) as to how long you have to commence a claim. The general limitation period is 2 years, which is what it is in Ontario, but it may be different for your province. There is no mandated deadlines on when a decision as to be made by a Court or Labour Board.

If you pursue a constructive dismissal claim, you will have to effectively 'resign' from your employment and take the position that you were forced to resign due to the fundamental change in your employment to which you did not agree to. You would not be entitled to EI benefits unless you could show Service Canada that you are pursuing a constructive dismissal claim. If Service Canada sees proof of this, they sometimes will process your EI claim.

Our firm has offices in Ontario and British Columbia, and we can assist employees in these provinces.