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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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i got terminated. 15 years ago my boss and everyone else were

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i got terminated. 15 years ago my boss and everyone else were picking on me. Because of the all the stuff going on I have IBS do to stress from work, We got a new Hr GUY he stared in Jan, and i was told that i am not a good worker, Missed alot of work when i did did not only when i went on stress leave, Last year i went on stress leave for 1 month and this year my boss accused me of something that was a mistake she i did when i did not, It was a computer clich. then i went on stress leave for 2 months and came back too work for 2 weeks and the HR keep on pushing the termination on me, so i took the termation i just could hand him hounding me and the employees not talking to me.for i had worked for this company for 27 years and all i got was 5 months with pay with med and dental. Plus my boss would not train me on anything took all my job away from me,
Submitted: 7 months ago.
Category: Canada Law
Expert:  Legal Ease replied 7 months ago.
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

I am sorry to hear this. 27 years is a long time.

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 didn't provide your province but in most provinces 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.

Let me know if you need further clarification.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 84082
Experience: Lawyer
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