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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100990
Experience:  Lawyer
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I want to file a civil suit against ex-co worker who made me

Customer Question

I want to file a civil suit against ex-co worker who made me resign because of his demeanour towards me where I felt threatened. I have been unemployed for ten months since I left the company in October. My wife keeps threatening to divorce me since I haven't been able to find work and since I have generalized anxiety disorder, I have constant flashbacks of the incidents that happened last year that were caused by him. I have been seeing a psychiatrist lately because I haven't be able to cope with this. I am filing a case with WCB towards Sears for their poor handling of the situation after I had brought it up with them about the incidents. Why can't I file a lawsuit against him for assertive damage to my health and possibly my marriage ?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
I am sorry to hear of this very difficult situation.You will not be able to sue your coworker successfully. The reason why is that your coworker did not have any contract with you nor did your coworker owe you a duty of care.When something happens between coworkers it is the employer that is libeable for any harm caused.If you were forced to quit because the employer did not provide you with a safe work environment, this includes emotionally safe, then you can sue the employer for constructive dismissal.When you are suing for damages for wrongful dismissal and you would also be able to sue for a higher level of damages if the treatment was so bad that it caused you to suffer any further.Does that help you understand the law?