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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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I work in alberta. a couple days ago a board member of our

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I work in alberta. a couple days ago a board member of our company came into a meeting I was attending yelling and screaming at me. he accused me of not dealing with an investigation he wanted conducted at the workplace (his brother works for us and is accusing his supervisor of bullying). this board member would not listen to what I had to say, I was trying to explain to him that the situation was being handled. he continued to scream and swear at me in front of my supervisor and coworkers. he told me that i wasn't doing my job and he was going to have me fired.... could I sue him for harassment or workplace violence? I am the manager of human resources.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.

You cannot sue him personally.

You cannot sue a board member.

You would sue the employer if the employer doesn't provide you with a safe workplace.

But you would not be able to keep working for the employer.

If you seek the assistance of the employer (this would be the person whom you report to, or else the Board) and they do not help you then this would be a

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, as you are 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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