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Daniel Freudman
Daniel Freudman, Lawyer
Category: Canada Law
Satisfied Customers: 1336
Experience:  Lawyer
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What advice can I receive with being wrongfully dismissed.

Customer Question

What advice can I receive with being wrongfully dismissed. I was made head chef with no experience and managerial training and about a month ago I had a breakdown (with the aid of one of my staff letting me know he was passing away in a year). Since then my employer has being abusing and bullying me in the work place. Trying to ask for resolution, he would just mock and imitate me. He would constantly cut my staff and put more workload one me. I have no sous or any other supervisor helping with a 20 person kitchen with many roles in it. Recently, he's been pulling my staff aside and talking about how bad I was. He then got into my personal space, asked me where my pride was and when I tried to explain that I was trying but was wearing too many hats to figure things put he walked away and said good.
I've tried explaining the situation is difficult on my self but refuses to help in a constructive manor.
Any advice would be greatly appreciated. Thank you
Submitted: 2 years ago.
Category: Canada Law
Expert:  Daniel Freudman replied 2 years ago.
As of now, since you haven't actually been dismissed / fired (from my understanding), Wrongful Dismissal would not be appropriate at this time. However, Constructive Dismissal may be appropriate.
Constructive dismissal occurs when an employee resigns as a result of the employer creating a hostile work environment. Since the resignation was not truly voluntary, it is in effect a termination. This seems to be the case here. So, if you quit (as a result of these hostile actions of your employer), then you should still be eligible for any and all termination benefits you'd be entitled to as if you were wrongfully / unjustly terminated.
If you are fired, rather than quit, and without just cause, then again you can pursue legal action against your employer for his harassment and consequent wrongful termination.
Customer: replied 2 years ago.
I do feel as though it is constructive dismissal. It's very hostile. Threats have been made against me. I have tried my best but the workload has been too much. I work 90 hours a week and still can't finish the work load I have been given. Do I seek help from labour board/human rights commission or should I go see a lawyer?
Expert:  Daniel Freudman replied 2 years ago.
Another form of constructive dismissal is where the terms of your employment change such that it is not what was initially contemplated (e.g. if your hours are dramatically increased or decreased), so constructive dismissal could still be applicable (if you quit).
Both options you suggested are viable. If you are terminated or quit, a lawyer would likely be preferable, but just to talk about the present situation with someone, the Labour Board should be able to help.
Hopefully that is of assistance. Would you kindly provide me with a positive rating so I can receive payment for my services. Thank you and best of luck with your matter.
Expert:  Daniel Freudman replied 2 years ago.
Hopefully my answers were of assistance. Would you kindly provide me with a positive rating so I can receive payment for my services. Thank you and best of luck with your matter.
Expert:  Daniel Freudman replied 2 years ago.
Sorry to be a bother, but is there any reason my answer was not satisfactory or why you have not provided me with a positive rating?