Canada Law

Ask a Canada Law Question, Get an Answer ASAP!

Ask an Expert,
Get an Answer ASAP!

Year and a half my employer has been harassingly abusive…

Customer Question
For a year and a...
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: 2 years ago.Category: Canada Law
Show More
Show Less
Ask Your Own Canada Law Question
Answered in 10 minutes by:
2/28/2016
Lawyer: Debra, Lawyer replied 2 years ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,101
Experience: Lawyer
Verified

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.

Ask Your Own Canada Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Debra Your Own Question
Debra
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,101
106,101 Satisfied Customers
Experience: Lawyer

Debra is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

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.
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.

MonikaCanada

This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.

MikeHalifax, 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!

Gary B.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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.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!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tom B.

Tom B.

Barrister & Solicitor

2,263 satisfied customers

25 years in practice

LawyerProfessor

LawyerProfessor

Lawyer

836 satisfied customers

Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997

Debra

Debra

Lawyer

106,101 satisfied customers

Lawyer

Jeremie John Martin

Jeremie John Martin

Lawyer

839 satisfied customers

I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.

Sokkalaw

Sokkalaw

Lawyer

312 satisfied customers

Lawyer in Ontario, Canada

CaptanLaw

CaptanLaw

Lawyer

250 satisfied customers

I'm a criminal defence lawyer, who assists individuals charged with crimes.

Mark A

Mark A

Lawyer

179 satisfied customers

Canadian Lawyer working at a Canada Law Firm

< Previous | Next >

Related Canada Law Questions
I work at yourk u toronto was told in 2013 after a meeting
Hi I work at yourk u toronto was told in 2013 after a meeting were i stayed to decis ..no fire alarm.. violence ..no lights.. brokin 2 way radio ..no lights at night in the parkin lot an sex assault i… read more
Debra
Debra
Lawyer
Doctoral Degree
106,101 satisfied customers
I have worked at the same company for 33 years. In the past
I have worked at the same company for 33 years. In the past year a 25 year employee has been let go? and another 20+ quite as was basically demoted a few times I have been called to a meeting with HR … read more
Copperlaw
Copperlaw
Barrister and Solicitor
Law Degree
1,737 satisfied customers
Jan 31th my boyfriend got suisede because his boss harassing
Jan 31th my boyfriend got suisede because his boss harassing him . She wants to control his privat life after work . My boyfriend has work permit till March of 2016 ). He is 26 years old and his boss … read more
Tom B.
Tom B.
Barrister & Solicitor
LLB Bachelor of Laws
2,263 satisfied customers
Can I sue my union for not representing or not supporting me
Can I sue my union for not representing or not supporting me on my case when I was fired because its been almost two year in May of this year.They tell me we will go to arbitration but they never do a… read more
Debra
Debra
Lawyer
Doctoral Degree
106,101 satisfied customers
Hi--I had an incident at work on Thursday where a fellow empolyee
Hi--I had an incident at work on Thursday where a fellow empolyee was yelling very verb. at me , she has done this to others. This happened in front of our boss who did nothing to stop her. I left the… read more
Debra
Debra
Lawyer
Doctoral Degree
106,101 satisfied customers
I am a senior employee and was one of the staff kept when this
I am a senior employee and was one of the staff kept when this employer bought my old company. When with my old company, I was basically the Branch Secretary and worked for the Claims Manager. All of … read more
Debra
Debra
Lawyer
Doctoral Degree
106,101 satisfied customers
Hello, About a week and a half ago there was a domestice
Hello, About a week and a half ago there was a domestice assault that took place at my home between my boyfriend and myself. We had both been drinking, and the arguement became very huge and we ended … read more
Debra
Debra
Lawyer
Doctoral Degree
106,101 satisfied customers
In a nutshell i have been working for a dental office for the
In a nutshell i have been working for a dental office for the past 2 years now. A lot of illegal things have been going on. Such as a dental hygienest had been working there who was my bosses sister, … read more
Debra
Debra
Lawyer
Doctoral Degree
106,101 satisfied customers
I am a massage therapist, I had made a decission to change
I am a massage therapist, I had made a decission to change my career because its too hard on my body to do full time. Anyhow, I asked one of my clients, whom owns a business, if he was or knew of anyo… read more
Debra
Debra
Lawyer
Doctoral Degree
106,101 satisfied customers
I worked for McClays Transportation in Ingersoll Ontario, $18ph
I worked for McClays Transportation in Ingersoll Ontario, $18ph I was hired Aril 17 2010, as a truck driver , by July I became part of the management team. I started working as a supervisor 70-90 hour… read more
Debra
Debra
Lawyer
Doctoral Degree
106,101 satisfied customers
I have been accused of non-code harrassment due to a misundertanding
I have been accused of non-code harrassment due to a misundertanding of a co-worker that previously reported to me. I am a payroll manager with 33 years experience and feel I am being forced to quit m… read more
D.A.M.
D.A.M.
Principal Attorney
Doctoral Degree
2,478 satisfied customers
I was working as a bus driver to drive Iron Workers so a work
I was working as a bus driver to drive Iron Workers so a work sight. When I was hired by the busline, I was told I would stay on sight all day and work as a labourer. I was promised 12 hour shifts, 4 … read more
Debra
Debra
Lawyer
Doctoral Degree
106,101 satisfied customers
This incident happened as my helper and myself is getting ready
This incident happened as my helper and myself is getting ready to go out on a job with one of our mobile units. the situation starts when i asked our gen. mngr. a new battery for the flashlight in th… read more
Yossarian (user name)
Yossarian (user name)
Bachelor's Degree
957 satisfied customers
An exp employee has been harrassing me, what can I do about
An exp employee has been harrassing me, what can I do about this? Also she says I fired her when I did not, she also has it written that she was giving me notice. What can I do? What rights do I have?… read more
Debra
Debra
Lawyer
Doctoral Degree
106,101 satisfied customers
I worked as a litigation software trainer for 11 months. At
I worked as a litigation software trainer for 11 months. At 11:30 or so on Thursday I was called into a boardroom with the office manager and a co-worker for what I thought was a meeting in regard to … read more
Debra
Debra
Lawyer
Doctoral Degree
106,101 satisfied customers
just over a week ago i finished me three month pro.. on monday
just over a week ago i finished me three month pro.. on monday of this week i took off of work during that day someone at work screwed my tool belt to a pice of 2by 4 and then and nailed another one o… read more
Debra
Debra
Lawyer
Doctoral Degree
106,101 satisfied customers
hi im ryan i recently worked for canadian tire in kamloops
hi i'm ryan i recently worked for canadian tire in kamloops b.c. was injured in nov last year returned to light duty work was a mecanic apprntis light duty was in the store i worked for 2 weeks and ha… read more
Debra
Debra
Lawyer
Doctoral Degree
106,101 satisfied customers
My supervisor made a threatening remark on the phone, he told
My supervisor made a threatening remark on the phone, he told me that I would not anywhere ever again. This remark came after I had refused to work for 8 dollars less then my wage. Is there anything I… read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,186 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.

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.

Show MoreShow Less

Ask Your Question

x