Canada Law
Ask a Canada Law Question, Get an Answer ASAP!
Connect one-on-one with {0} who will answer your question
Answered in 9 minutes by:
10/28/2008
Flagbridge-CDN, Arbitrator
Category: Canada Law
Satisfied Customers: 4,618
Experience: Ontario Mediator/Arbitrator, and Legal Consultant. Law Graduate
VerifiedHello,
Unfortunatly you may not have a strong case against your current employer based on the facts above.
Lets look at three angles.
1. Technically if this is a work related illness, this is a workers compensation case. If you are trying to cause a relationship between the disability and the working conditions, then that is a workers compensation claim, and not a lawsuit.
2. If you feel that the comments made are a breach of the labour code, then your first step would have been to escalate internally. You could only sue for actual losses based on the comments, and that angle is tough. It leads onto point 3.
3. If you feel the conduct at work has driven you out, you may have a claim of constructive dismissal. To have such a claim you need to demonstrate you mitigated your position by trying to obtain alternative employment. Your maximum rate of recovery in this circumstance is USUALLY 1 month a year for each year served.
Unfortunatly you may not have a strong case against your current employer based on the facts above.
Lets look at three angles.
1. Technically if this is a work related illness, this is a workers compensation case. If you are trying to cause a relationship between the disability and the working conditions, then that is a workers compensation claim, and not a lawsuit.
2. If you feel that the comments made are a breach of the labour code, then your first step would have been to escalate internally. You could only sue for actual losses based on the comments, and that angle is tough. It leads onto point 3.
3. If you feel the conduct at work has driven you out, you may have a claim of constructive dismissal. To have such a claim you need to demonstrate you mitigated your position by trying to obtain alternative employment. Your maximum rate of recovery in this circumstance is USUALLY 1 month a year for each year served.
Skybird,
Let me address some of the points above.
1. The reason the company settles the law suits, is that lawsuits when it comes to an employee employer are hit and miss. I know of a US bank that has credit operations in Canada. Even if you are caught stealing on camera, and you sue them for wrongfull dismissal they will settle.
HOWEVER
Settling is usually no more then 50% of the maximum recoverable.
2. In employment law the SINGLE LARGEST rule for a claimant about to sue a former employee is to mitigate. You would not beleive how many valid cases get shrunk to nothing because the individuals sat on it and did nothing.
If you are in a bad job being treated poorly the law expects you to pack up and move on, rather then sit and wait for the abuse to mount.
Claiming this company was soley responsible for your debilitating depression will be very difficult to establish.
This type of lawsuit is not something that would be settled as there are serious questions of fact. Look at alol the questions against you,
Is the depression genetic based?
Is the depression mismanaged because of lack of therpay?
Is the depression contributed by life at home/social?
Are all the appropriate steps taken to reduce the impact of depression?
How can it be established that the company within 3 years caused this depression?
If the depression is CAUSED by work, then it is a workers compensation injury, and needs to be proceeded by WSIB/WC
Very tough questions.
And as I said the limit is actual losses, and is usually limited to one month a year, if this is a constructive dismissal case.
This is NOT a windfall, or an easy case Your case will be very difficult to establish and prove, and the costs to do such may errode most if not all of what is recovered.
Your best bet is to enter LTD, get the help you need to treat your depression, enter some psychotherapy to try to understand how the workplace contributed to your depression, and then start looking for another job.
The minute you are employable you will need to come off LTD. It may be worth your while to negotiate a settlement with the company as soon as you are "getting better".
That settlement will be 2-4 months of wages.
Let me address some of the points above.
1. The reason the company settles the law suits, is that lawsuits when it comes to an employee employer are hit and miss. I know of a US bank that has credit operations in Canada. Even if you are caught stealing on camera, and you sue them for wrongfull dismissal they will settle.
HOWEVER
Settling is usually no more then 50% of the maximum recoverable.
2. In employment law the SINGLE LARGEST rule for a claimant about to sue a former employee is to mitigate. You would not beleive how many valid cases get shrunk to nothing because the individuals sat on it and did nothing.
If you are in a bad job being treated poorly the law expects you to pack up and move on, rather then sit and wait for the abuse to mount.
Claiming this company was soley responsible for your debilitating depression will be very difficult to establish.
This type of lawsuit is not something that would be settled as there are serious questions of fact. Look at alol the questions against you,
Is the depression genetic based?
Is the depression mismanaged because of lack of therpay?
Is the depression contributed by life at home/social?
Are all the appropriate steps taken to reduce the impact of depression?
How can it be established that the company within 3 years caused this depression?
If the depression is CAUSED by work, then it is a workers compensation injury, and needs to be proceeded by WSIB/WC
Very tough questions.
And as I said the limit is actual losses, and is usually limited to one month a year, if this is a constructive dismissal case.
This is NOT a windfall, or an easy case Your case will be very difficult to establish and prove, and the costs to do such may errode most if not all of what is recovered.
Your best bet is to enter LTD, get the help you need to treat your depression, enter some psychotherapy to try to understand how the workplace contributed to your depression, and then start looking for another job.
The minute you are employable you will need to come off LTD. It may be worth your while to negotiate a settlement with the company as soon as you are "getting better".
That settlement will be 2-4 months of wages.
Flagbridge-CDN, Arbitrator
Category: Canada Law
Satisfied Customers: 4,618
Experience: Ontario Mediator/Arbitrator, and Legal Consultant. Law Graduate
VerifiedFlagbridge-CDN and 87 other Canada Law Specialists are ready to help you
How JustAnswer works
Describe your issueThe assistant will guide you
Chat 1:1 with a lawyerLicensed Experts are available 24/7
100% satisfaction guaranteeGet all the answers you need
Related Canada Law Questions
I need to know when I should inform my employer that I
I need to know when I should inform my employer that I disagree with changes to my work contract which I believe is Constructive Dismissal. … read more
ToLawyer
Lawyer
J.D.
3,082 satisfied customers
My question has to do with employment law in Ontario. If I'm
Hi. My question has to do with employment law in Ontario. If I'm on a short-term disability leave, how do I go about giving my employer notice of termination of employment? … read more
Debra
Lawyer
Doctoral Degree
95,455 satisfied customers
My son is on term disability from depression. He is cerved
my son is on long term disability from depression. He is cerved until the end of october and if unable to return to work it can be expended. He has decided because of his disability of depression he d… read more
Debra
Lawyer
Doctoral Degree
95,455 satisfied customers
Can an employer require attendance to a health care
Can an employer require attendance to a health care professional as a condition of employment? Additionally; … read more
Debra
Lawyer
Doctoral Degree
95,455 satisfied customers
I am an employee at CIBC. I have been on short term
I am an employee at CIBC. I have been on short term disability due to major depressive disorder since April 1st 2106. I was an inpatient at Homewood Health Centre from May 11th until July 7th. My at h… read more
Debra
Lawyer
Doctoral Degree
95,455 satisfied customers
I recently took a physician ordered 2 week leave from work
I recently took a physician ordered 2 week leave from work due to stress & fatigue, bullying and subsequent depression. My doctor wants me to take a 3 month leave. I submitted a claim for short term d… read more
Debra
Lawyer
Doctoral Degree
95,455 satisfied customers
Terminated from my job as a bank teller, reason making to many
Terminated from my job as a bank teller, reason making to many mistakes. Not large losses or anything major, just things not done right and someone having to spend time fixing them, customers not happ… read more
Debra
Lawyer
Doctoral Degree
95,455 satisfied customers
I am facing a very difficult situation with my job. I work
I am facing a very difficult situation with my job. I work as an inbound rep at a contact centre for a Canadian bank, where we have monthly targets to hit (as per normal contact centre expectations). … read more
Debra
Lawyer
Doctoral Degree
95,455 satisfied customers
Good afternoon, I am a Nurse working at a private clinic in
Good afternoon, I am a Nurse working at a private clinic in Vancouver with 20 Family Doctors and 10 Specialists. I called sick on Oct 23rd early in the morning (@ 5:00am) due to an unexpected high fev… read more
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
I went on short term disability for back pain and severe muscle
I went on short term disability for back pain and severe muscle spasms 9 months ago.My doctor diagnosed me with depression just as I was feeling much better with rest,physio and massage.I disagreed bu… read more
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
My doctor recommended me to take a short term disability for
My doctor recommended me to take a short term disability for two weeks to recover from the conditions such as panic attacks, disiness, depression caused by stressed situation on my workplace(conflict … read more
Debra
Lawyer
Doctoral Degree
95,455 satisfied customers
I have been on long term disability for several months. My
I have been on long term disability for several months. My doctor, and myself, have approved a graduated return to work set out by the insurance company. However, my doctor has recommended I be moved … read more
Debra
Lawyer
Doctoral Degree
95,455 satisfied customers
I work for an AB based company and I am having extreme difficulties
I work for an AB based company and I am having extreme difficulties coping at my job due to stress. I have gone to my doctor whom wanted to give me anti-depressants but I requested sleeping pills thin… read more
Debra
Lawyer
Doctoral Degree
95,455 satisfied customers
Hello, Ive used Debra Thal in the past and have been satisfied
Hello, I've used Debra Thal in the past and have been satisfied but it's fine whoever can answer this question please. I've been on disability for Major Depression and my Insurance Company has asked m… read more
Debra
Lawyer
Doctoral Degree
95,455 satisfied customers
Question for Debra Thal please. I have found a part time job
Question for Debra Thal please. I have found a part time job instead of "retiring or muffin-making" as Sunlife's rehabilitation program suggested. I also have one summer course to complete for my B.A.… read more
Debra
Lawyer
Doctoral Degree
95,455 satisfied customers
Home from illness/injury - is there a way to still have income and a j
Is there a way to stay home from work for some time to recover from illness/injury without completely losing wages or losing your job? I'm being looked at by several doctors because of stroke, possibl… read more
Debra
Lawyer
Doctoral Degree
95,455 satisfied customers
Hi, one year ago I had to take a stress leave du to the nature
Hi, one year ago I had to take a stress leave du to the nature of my job. I was supervisor for C.P.C. I was forced by mgt and rtws to go back to work against my doctor recommendation. The level of str… read more
Debra
Lawyer
Doctoral Degree
95,455 satisfied customers
I was off work due to workplace threats of violence, ...
I was off work due to workplace threats of violence, causing panic attacks,post traumatic stress, depression, and mild agoraphobia. After independant medical evaluation, I was deemed to have a company… read more
Flagbridge-CDN
Arbitrator
B.Kin, B.C.L, C. Neg, C. Med, C. A
4,618 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.
JustAnswer in the News:
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
What Customers are Saying:
Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest.
Canada
This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.
Halifax, NS
Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!
Edmond, OK
My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.
Redwood City, CA
I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.
Wichita, KS
PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.
Houston, TX
Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!
Atlanta, GA
< Previous | Next >
Meet the Experts:
LawyerProfessor
Lawyer
838 satisfied customers
Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997
Debra
Lawyer
95,455 satisfied customers
Lawyer
Daniel Freudman
Lawyer
3,178 satisfied customers
Lawyer
ToLawyer
Lawyer
3,082 satisfied customers
Lawyer
JJL11
Lawyer
1,432 satisfied customers
Licensed to Practice law in Ontario for over 25 years.
Jeremie John Martin
Lawyer
1,300 satisfied customers
I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.
Counsel Creed
Lawyer
859 satisfied customers
associate at GTA law firm
< Previous | Next >
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.
