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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101430
Experience:  Lawyer
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I have a complaint against my employer, alberta, im full

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i have a complaint against my employer
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: alberta
JA: Is the employment agreement "at will," union, full time or part time?
Customer: im full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: we dont have a union

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

I am sorry to hear this.

What are the basic facts?

And how long have you worked for this employer for?

Customer: replied 1 month ago.
i've worked at this agency for 8years.i worked at this group home for 5years i think
Customer: replied 1 month ago.
my supervisor is always accusing me of thing she cant even support and im always called at the office and now they are planning to transfer me
Customer: replied 1 month ago.
we always dont agree with my supervisor with ideas but i continued to be professional and respectful.what she does is alwas make stories to get me in trouble..this is the 4th time now that i've been called to the admin office

Unfortunately, as you are not in a union you cannot remain at your job and force the employer to do the right thing. But, in my view, 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.

So if you cannot work things out or don't want to be transferred then your best next step would be to consult with an employment lawyer face to face.

Does that make sense?

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.

Customer: replied 1 month ago.
do you think i can file an harassment case against my supervisor?cause she's the one making all this problem.she's constantly accusing me and reporting inaccurately

You cannot sue your supervisor.

You can go above her head and complain to the employer.

Customer: replied 1 month ago.
really? isn't what she's doing a case of harassment or slander? defamation of character?

There is no right to sue for this level of harassment. Harassment if you want to sue, if when the communications are unwelcome and persistent.

So if you leave your job and then tell her not to contact you and she does, repeatedly she can be charged or sued.

It is defamation (slander is verbal defamation) if she is telling lies about you to others. Then you can sue her. If she is lying to you then it's not defamation.

Customer: replied 1 month ago.
well that's what she is consistently doing now reporting accusations she has no support or proof.all lies just to get me in trouble. she's accusing me of gossiping, verbal abuse to clients, disrespectful to her and now threatening. investigations been made and they found nothing.
Customer: replied 1 month ago.
she clearly wants me to get fired
Customer: replied 1 month ago.
hello? still there?

Yes I am here but there are many customers and I am trying to keep up.

If he accusations are made to others then you can sue her.

Customer: replied 1 month ago.
if its only made to me then i cant sue her?

No because it does not harm your reputation.

Customer: replied 1 month ago.
she is harming my reputation because all of her accusations the director now has a bad impression on me and thinks im the one who has a problem and plans to transfer me.

If she is lying to the director you can sue her. That's what we've discussed.

Customer: replied 1 month ago.
SHE IS ACCUSING ME OF THINGS I DIDNT DO BECAUSE SHE HAS A MOTIVE OF GETTING ME FIRED BECAUSE SHE JUST DOESNT LIKE ME

If she lies to you then all you can do is tell the employer and if they don't help you then you can consider quitting and suing for constructive dismissal. I explained this at 1:37 so look at that post again.

If she is lying to the director you can also sue her for defamation.

Customer: replied 1 month ago.
WELL THATS WHAT IVE BEEN TRYING TO SAY. if they had proof of all those accusations then i will concede.. but No. all they do is supporting and defending my supervisor. its been a problem in our agency. we never seen any canadians in trouble. but if its us they easily call our attention and give us a warning hastily.
Customer: replied 1 month ago.
if i wanna report or sue them where do i go first?

There is no where to report anyone.

It is suing so it is retaining a lawyer to send a demand letter then if they don't agree to your demands it is starting a lawsuit.

Customer: replied 1 month ago.
criminal lawyer?

No.

You will need an employment lawyer if you want to sue the employer.

You will need a civil litigation lawyer if you are going to sue the supervisor.

Customer: replied 1 month ago.
how much do they cost? am i gonna pay 1 time?or during the course of the case?
Customer: replied 1 month ago.
what can u advise me now? they are already planning to transfer me.im not afraid of the transfer. but i also dont like to give my supervisor the satisfaction and letting this get away.the office is no help they already pre judge me and very bias.

The lawyer will ask for a retainer up front and then you will pay for the time spent. It could be that the lawyer will send a letter and they will agree to pay you. But it could mean you have to go to trial and that will be a lot of hours and very expensive.

But you have to see a lawyer and see how much they will charge and what happens when they first send the letter.

Customer: replied 1 month ago.
ok.so if i wanna sue the supervisor 1st what or how should i state the case?

Then you see a lawyer that does defamation cases. This is a civil litigation lawyer.

Customer: replied 1 month ago.
ok thanks

You are very welcome.

Please be sure to rate me now so that I can receive credit for my work.

Thanks and take good care.

Debra and other Canada Law Specialists are ready to help you

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