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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 96497
Experience:  Lawyer
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I'm in a situation where I work as a Chef. Relations are

Customer Question

Hi Daniel,
I'm in a situation where I work as a Chef. Relations are volatile with the front of house leader and long story short I'm being treated poorly and feel I'm being forced to quit.
A consultant chef was brought in and he's been going over everything I do. It has made my team insecure and even harder for them to follow me. I feel undermined to be honest.
I've been asking for financial reports and a meeting for a about 3 weeks now and I've asked a few times but keep getting told to hold off.
In emails I receive there is most often a negative tone or manner in which they are written to me.
I'm really feeling kicked around here and wondering if I leave and attempt to collect ei for construe dismissal would that be eligible?
Thank you so much for your time
Submitted: 1 year ago.
Category: Canada Law
Customer: replied 1 year ago.
I also forgot to add that I've come across a posting for a Chef position and it was a discreet posting. I replied to it under a false name from a dummy account and they responded. They were vague as to the venue but did confirm it the same I am at now. I replied and said I was interested and he sent me his name, time and place to meet. It's the same name as the consultant. Should I meet him and blow this up?
Customer: replied 1 year ago.
Excuse me... the consultant said it was the same type of venue, a pub, not the exact same venue.
Expert:  Legal Ease replied 1 year ago.

I know you been waiting a long time for an answer. Would you prefer to wait for the expert that you requested or would you like for me to go ahead and answer?

Customer: replied 1 year ago.
Yes please go ahead...
Expert:  Legal Ease replied 1 year ago.

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.

I don't think you should meet him until you've had a chance to meet with an employment lawyer face to face.

Customer: replied 1 year ago.
If I were to quit could I still collect employment insurance if I claimed constructive dismissal.
Customer: replied 1 year ago.
I'm more concerned about having the ei as it would last much longer... there can be stretches between jobs as an exec chef.
Expert:  Legal Ease replied 1 year ago.

If you can prove that this was constructive dismissal then you would be eligible for EI.

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