Retaliation in the Workplace
Retaliation in an employment situation occurs when the employer reacts inappropriately toward an employee when the employee has decided that a workplace situation is so dire and unsatisfactory, that he or she is compelled to act. Subsequently, an employer acts against this employee, as a form of punishment.
Retaliation can be the result of an employee reporting mistreatment, bullying, harassment, or discrimination, to other employees or to their supervisor.
Retaliation is an action by an employer that would require the employer to pay damages to the employee.
It could involve reporting to the Employment Standards Board or to the Human Rights Commission.
It could also involve an employees taking a position about refusing unsafe work under the Occupational Health & Safety Act.
It may be grounds for the employee to conclude that they have experienced constructive dismissal, meaning that they can no longer continue their employment. This would allow the employee to seek full severance for the full notice that they otherwise would have received.
To calculate and assess the situation when there is retaliation, an investigation and review must be conducted. It is best to do this with an experienced and professional lawyer.
For a no charge consultation and, if appropriate, complete evaluation and assessment of the situation, legal opinion and legal advice, contact us.