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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 96403
Experience:  Lawyer
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I am wondering , if I have been bullied by my supervisor at

Customer Question

I am wondering , if I have been bullied by my supervisor at work, by means of write ups and suspensions, to the point that I am now on stress leave and I have to leave my job. Would I be able to sue the supervisor and or the company because his supervisor knew about it and did nothing but be supportive for his manager
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
You can sue the employer for constructive dismissal. You cannot sue the supervisor as you don't have a contract with the supervisor. 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. 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.

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