I live in BC, yesterday I was threatened by a coworker at work.
I…

Question

I live in BC, yesterday I was threatened by a coworker at work.
I work full time and attend college f/t.
I missed a midterm as a result of yesterday's happenings.
I was having anxiety attacks, feeling sick and fearful so I called in last night
saying in wouldn't be in today. I don't have any sick days left so I've just
lost pay.
I won't be going in tomorrow either.
Do I qualify for stress leave?
Is there a way to recover loss of pay due to this 'experience'?

Debra · Accepted Answer

Debra Thal (username) :

What did you employer say about this?

Debra Thal (username) :

Are you in a union?

Customer:

no union

Customer:

employer supportive, but essentially saying they have to get their ducks in a
row

Customer:

I haven't asked about losing pay and what can be done about that.

Debra Thal (username) :

The law is that your employer is required to provide you with a safe work
environment and that includes emotionally safe.

Debra Thal (username) :

Your employer owes you a duty of care.

Debra Thal (username) :

So the issue here is not that you should have to take stress leave but that the
employer must remedy the situation.

Debra Thal (username) :

There is no such thing as stress leave.

Customer:

they are working to remedy it.

Customer:

i'm going in to talk with hr sunday

Debra Thal (username) :

You may be entitled to sick leave depending on your contract, your province and
whether you can provide a medical report that says you are sick and not able to
work/

Debra Thal (username) :

But you cannot simply walk out and want leave because of a difficult situation.

Customer:

we had an hr manager take stress leave as well as a marketing manager???

Customer:

both were many years ago, but nonetheless..

Customer:

difficult situation?? I feel unsafe at work?

Customer:

i'm such an emotional wreck that I couldn't write a midterm----I'm an "A"
student, I don't miss exams.

Customer:

I'm missing work because I'm afraid of him.

Customer:

So are you saying it's my choice/my problem if I'm missing work? That there is
no compensation for that?

Customer:

Hello? Not sure if you're still there?

Debra Thal (username) :

I am now.

Debra Thal (username) :

The chat keeps going off.

Debra Thal (username) :

I am not saying it's your problem if you miss work.

Debra Thal (username) :

I am saying to take sick leave you have to prove you are too sick to work.

Debra Thal (username) :

And you need the right to take sick leave.

Debra Thal (username) :

But if you are too afraid to work then you need to tell them this.

Debra Thal (username) :

And if you take sick leave they are not going to pay you.

Debra Thal (username) :

If you have disability insurance you will need medical proof of short-term
disability.

Debra Thal (username) :

And if the employer will not help you then this may be a case of constructive
dismissal.

Debra Thal (username) :

Do you know what this is?

Customer:

no

Debra Thal (username) :

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.

Customer:

well so far HR has been supportive.

Customer:

She and the Store Manager are following the steps they need to.

Customer:

Regional HR is being brought into it as well so I know that they're going to do
what they're "supposed" to do.

Customer:

I've documented the events and dialogue with this coworker and submitted it to
the SM, as well as talking about the emotional effects this has had on me, etc.
I've made it clear that I no longer feel safe being in the same workplace as
this coworker. I don't know how this will end.

Customer:

My anxiety levels are through the roof.

Customer:

But you're a lawyer not a counselor;)

Customer:

I get you're just looking for facts.

Debra Thal (username) :

I am explaining the law.

Debra Thal (username) :

Many employees are treated very badly.

Debra Thal (username) :

The situation is very often unfair.

Debra Thal (username) :

Employers hold the power unless there is a union.

Debra Thal (username) :

And they do not want to pay an employee who is not working.

Debra Thal (username) :

And even if you have insurance the insurers never like to pay either.

Debra Thal (username) :

So in this case your employer should do the right thing but I don't hold a lot
of faith that it will.

Customer:

So even though they're not legally bound to pay me, there is a chance they may.

Customer:

I'm not holding my breath either.

Customer:

But is that what you're speaking of when you say "your employer should do the
right thing" ?

Debra Thal (username) :

I think you should be paid but more than that I think that employee should be
dismissed at aonce.

Debra Thal (username) :

And if this was a threat to do you bodily harm I think you should call the
police.

Customer:

I want to thank you for your chat.

Customer:

some solid information

Customer:

like i said, i can't foresee what the end result will be but i feel like my
employer is making sure to cover all the bases (cover their ass) before
dismissal happens.

Customer:

i do feel that will be the end result

Customer:

my manager just sent an email that any requests for the coworkers assistance by
any of my team members has to go through him or our acting-dept. manager (we're
currently without an official manager in our dept.), and that his tasks will be
supervised.

Customer:

it sounds to me like he will be exiting. in your experience, does it sound that
way?

Debra Thal (username) :

It sounds like they are trying at least.

Debra Thal (username) :

I hope this works out for you.

Debra Thal (username) :

I am sorry this has happened and concerned it affected your mid-term.

Debra Thal (username) :

I hope you can get a doctor's note for that.

I live in BC, yesterday I was threatened by a coworker at work. I…

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