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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Year and a half my employer has been harassingly abusive

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For a year and a half my employer has been harassingly abusive towards me. I've worked for them for 5 years. I feel the pressure of them wanting me to quit. I work at a retirement centre 34 client base. On July 16/15 I came into work like usual and did my job like usual. I was called into the office where one of my bosses told me that they were going to cut 6 hrs off my schedule which effects my pay. I told them that I didn't agree with decision. I agreed at the end of discussion but did inform them that I would inquire about my rights with the labour board. I told them I had to leave. I went to employment and asked for info on constructive firing. Reception wasn't aware of the term. I left sick to my stomach and upset because I knew it was a matter of time before they made something up to get rid of me. I went to OPP and wanted them arrested for bullying and harassment. Police said that they hadn't done anything yet. They couldn't help. I went back to work and went into the office after knocking and announced to them I was never going to quit my job. Never leaving. Went to sit down to right my notes in the dinning room air conditioning and to calm down. Boss came out and to my table and told me to get out. I asked why? He said I want you out. I said I'm not quitting I'm not leaving I have work to do. He again said get out of the building. I told him there are three ways of getting to leave for no reason call 911,physically throw me out, or fire me. He said that's how it's going to be? I said without reason,yes. He left me to go back to office where other two bosses where. I myself thought I was going to throw up. My stomach was in my throat, anxiety wouldn't let me off my chair. He came back and leaned over and said you are fired now get out. I had him repeat it two more times because I was so shocked. I obeyed and went crying and saying good bye to everyone and tell them that I didn't quit that they fired me. I went down the hall after the afternoon dance to tell everyone that they fired me with no reason or notice and that I would always love them and I wanted them to know the truth. Crying only and was about to leave and one of the bosses yelling at me grabbed me by the arm and told me to get out get out now. I was afraid and shocked so I asked a gentleman resident to walk me out. I went home. When I received my ROE and I got it late. It stated that I quit. This is my truth I loved my job I don't quit jobs. They are stating that I caused a scene and was yelling and screaming down the halls. I was to refrain myself or the would have to accept my resignation. They said I left thus quitting. Labour board has already sided with employer. I'm working 3 days a week against my doctors orders. Bills have to be payed. Depression is my illness. Please help!
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra 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.

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.

For these reasons your next step should be to consult with an employment lawyer face-to-face.

I'm terribly sorry this happened to you.

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