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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I am target at me workplace, the manger wants me to leave

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I am target at me workplace, the manger wants me to leave

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

I'm sorry to hear this.

Are you in a union?

Are you saying that the manager is trying to drive you to quit?

How long have you worked for this employer for?

Customer: replied 10 months ago.
non- union.
You get it right
For 3 years, officially the manager was named this year. I am not a rival, but she is afraid of it.

Can you go above the manager's head?

Customer: replied 10 months ago.
I am planning to do it next week. But my chances are very low. she is appointed by the owner. He supports her.

I'm very sorry to hear this. Because you are not in a union you don't have very much power. If your life is being made miserable there then it may be your best bet is to resign. But I'm not suggesting you just walk away. I'm suggesting that this very well 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.

So your next step really should be to consult with an employment lawyer in your city face to face.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Is there anything more I can help you with at this point in time?

Customer: replied 10 months ago.
Dear Ms. Legal Ease
Thank you for the opportunity to continue the correspondence.As I mentioned before, I will have the meeting with the owner
of my company.Could you, please, advice me what tactics or kind of behaviour will be the most successful.
With regards ,

I think you should make it clear that you love your job, do not have any intention of leaving but need the owner's help because your life is being made miserable and then explain why.

I don't know the personalities involved of course but that will usually work.

If you want to ask further follow-up questions please go ahead. I may not be able to answer at once as I am on vacation.

If you feel we are done it would be great if you could rate me as I don't get paid until you do. But even if you do you can still ask me follow-up questions not or later of course.

Does that help?

Is there anything more I can help you with at this point in time?

Debra and other Canada Law Specialists are ready to help you
Customer: replied 9 months ago.
Thank you.
With regards, *****

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