I have a few issues with my current employer. First, there has been name calling which could be classified as harassment. For example a cooworker has made up many different names for me and calls me them out loud and behind my back. ie, Crackwhore, and perkulese (in reference to my breasts). Second, unfair treatment. Other employees come and go as they please, and yet it has been held against me because I have called in sick during a bout with the flu and migraines. I was told "years of service gives u more leverage" And lastly, for 2 weeks there has been construction going on in our office about 10 feet away from my desk. This is left us without a female washroom on site. We have been using the neighbours facilities. I am 16 weeks pregnant and its been a nuisance to go to the washroom 10 times during the day. There is also the major issue about all the construction dust and dirt polluting our air. 4 out of the 8 office employees have walls and a door so they can get a bit of reprieve from the dirt. I've been getting terrible headaches for the last couple weeks, most likely due to my pregnancy. The condition has been aggravated by the situation at work. I spent 3 days working remotely from home (my supervisor gave me the laptop to make this possible), and then my general manager demanded a doctors note. The GM disregarded the letter from my midwife stating she suggests I am moved out of the office and a closer washroom should be provided as it causes stress on the uterus. I was told I was expected at work the following day. Nothing had changed, just more sanding, dust creation and loud banging. The Ministry of Labour was phoned, an inspector came in and told the workers they needed to put up a barrier of plastic between the construction zone and the rest of the office. The trouble with this "barrier" is that it was taped to a drop ceiling. Needless to say that this didn't provide any relief from the dust. Then today i go to work and they have started painting. They are actually painting in the office while we are working. I know construction isn't going to last forever but its causing me to feel very ill and making my headaches worse. There has to be something that can be done.
Province/Territory relating to question: Ontario
Ministry of Labour
Providing alternate suggestions for my supervisor to make the situation bearable.
This sounds horrible.
I assume you are not in a union right?
How long have you worked there for?
yeah its not ideal and has been causing a lot of stress. Being pregnant with my first child doesnt help either
no union. I have been there one year
I feel like i'm being driven to quit
The situation does sound like this may be a case of constructive dismissal.When an employer does something that fundamentally changes the nature of the employment so that it drives the employee to quit, this may be a case of constructive dismissal. This is usually the case when the employer reduces wages, cuts hours etc. It is also the case where the employer's conduct makes it intolerable for the employee to continue working.If an employee does quit under these circumstances then the law is that constructive dismissal is wrongful dismissal and the employer will be liable for damages.If you are considering this option it is crucial that you first consult with an employment lawyer so that you can get a legal opinion from an expert both about whether the facts amount to constructive dismissal and, as well, about what damages you may be entitled to.Generally the damages would be equal to what you would receive had you been dismissed without cause. If that had been the case you would have been entitled to receive "reasonable" notice or pay in lieu of notice.Generally, in determining what is reasonable notice Courts look at several factors including the length of time you worked for the employer, your age, your position, the likelihood of finding new employment etc.At the high end, if you were in a managerial position, the Court would likely order one month's notice or pay in lieu of notice for each year of employment. If you were not in a managerial position the Court would order somewhat less.
You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free. The number is: 1-800-268-8326 or XXX-XXX-XXXX (within the GTA)