What Reason Can You Sue An Employer?

What Reason Can You Sue An Employer? It’s not uncommon for employees to sue their employers after they have been terminated. The Top Reasons workers decide to sue their employers are as follow.

  • Toxic Working Environment

  • Reprisal Against by Employer

  • Failure to Properly Investigate Complaints

  • Mismatched Performance Reviews & Interim Reports

Employees should be treated with respect. Both the Occupational Health and Safety Act (OHSA), Employment Standards Act (ESA),   Human Rights Code (the Code), all require employers to provide a friendly, respectful and healthy working environment to employees. Most employment law dispute begins with disrespectful or insensitive acts of employer towards employees, i.e. creating a toxic working environment. An employer who fails to make attempt to accommodate reasonable request for accommodation is a sure recipe in fermenting animosity in the workplace. For the same token, no one deserve to be terminated without just compensation. These no doubt attracts legal action in response.

It comes to no surprise that many terminations are acts of retaliation by employers towards employees who have been labeled as “trouble makers”, “workers with poor work ethics” for trying to enforce his or her employment law entitlements. Employers are NOT allowed to terminate employees who try to enforce his or her Human Rights as promised by OHSA, ESA or the Code. Employers are also NOT allowed to terminate employees who request for reasonable accommodations unless it will cause undue hardship to employers. Thus, it’s highly likely that, in this context, employers will be sued for wrongful dismissal or unjust dismissal for reprisal against employees.

Failure to Properly Investigate Complaints

When employees file a complaint against a co-worker or a manager for discriminatory or sexually harassing conducts, they expect some follow-up investigations to be conducted. Failure to properly discharge the duty to investigate not only violates employment law related statutes and legal jurisprudence, but also an aggravating factor when considering whether punitive damage should be awarded to the employees in employment law cases. For the same token, a case where an employee is being terminated summarily for allegation of misconduct without any proper investigation is equally problematic, with dire consequences.

Mismatched Performance Reviews & Interim Reports

If you want to terminate an employee, do it properly with respect and dignity. Don’t use “poor” work performance as an excuse to terminate someone. It happens too many times that an employee who has a good track record for having excellent performance reviews is fired for “poor” performance soon after he or she file a complaint against a manager for discriminatory or sexually harassing conducts or trying to enforce his or her employment rights entitlements protected by OHSA, ESA and the Human Rights Code. It’s only natural that a claim of wrongful dismissal is to come soon after.

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