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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101375
Experience:  Lawyer
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I am having ongoing issues with my current employers, I feel

Customer Question

I am having ongoing issues with my current employers, I feel that I am being discriminated against in hours where trainees/students and being given hours ahead of qualified full-time staff like myself. I have recently suffered a sexual assault by a homecare client, and although the company said I would not have to see the client again is not the case, and I feel I can't talk to my office manager as she makes fun of my accent and humiliates me in front of co-workers. the human rights have told me this is not there concern, should I just find a new job?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
How long have you worked there for? Are you in a union?
Customer: replied 1 year ago.
I started work on the 26 February 2015 and I am not in a Union
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.If you are considering this option it is crucial that you first consult with an employment lawyer so that you can get a legal opinion from an expert both about whether the facts amount to constructive dismissal and, as well, about what damages you may be entitled to.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 should be to consult with an employment lawyer face-to-face.
Customer: replied 1 year ago.
Sadly that is not very helpful, I am currently off on stress leave, no income coming in, I have just paid you guy $60.00 odd dollars for advice and you have advised me I need to find more money to ask advice from another employment lawyer and I may not get any money from the courts.
Expert:  Debra replied 1 year ago.
First, I'm not providing legal advice. Only your own lawyer can provide you with legal advice. The sites makes it very clear that we are only providing legal information and not advice. I most assuredly amnot your lawyer. And I can't imagine that for the amount of money you paid the site you thought you were going to have your own lawyer! Surely you know what lawyers cost.I am providing accurate legal information and I'm not suggesting that you get legal advice from another lawyer if you don't wish to do so. You asked me if you should simply find another job and I'm telling you that know you may be entitled to sue your employer but given how you are posting I don't believe that you are able at this point in time to sue on your own when you were on stress leave so if you want to just walk away from your job go ahead but if you want to benefit from the information I'm providing you should understand that I'm telling you that you may be entitled to get damages from your employer for this type of treatment. Do you understand what I'm trying to explain?