I quit my job as my employer allowed me to be decriminated by co worker and their resolution was just to move me to

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Customer: I quit my job as my employer allowed me to be decriminated by Amy co worker and their resolution was just to move me to another work group. Which makes me feel guilty and sick,
JA: Have you discussed this discrimination issue with a manager or HR? Or with a lawyer?
Customer: Yes with HR they told me to speak with my manager and I did , he did nothing
JA: Are you an "at will" employee? Do you belong to a union?
Customer: No I was an account manager
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Answered by Debra in 22 mins 2 years ago
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Debra
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166370 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

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Debra
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166370 Satisfied customers
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10+ years of experience
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Debra
10+ years of experience
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166370 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

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116 Lawyers are online right now.
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Debra, Expert

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.

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Debra, Expert

I am sorry to hear this.

What province are you in please?

Customer
Quebec
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Debra, Expert

I am going to opt out and ask our Quebec expert to step in.

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Debra, Expert

Hi,

I'm a Quebec lawyer. For how long were you working at that position or with that employer and when did you quit as you state in your question?

Best regards,

Jeremie ***** *****

Customer
I started last April and I handed in my resignation yesterday.
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Debra, Expert

It would have been greatly preferable to not resign, produce the recourse at CNESST (complaint) against psychological harassment and leverage either a better settlement or a better position with your employer to have the psychological harassment recognized, and ceased.

You do have the right however to still deposit the complaint at CNESST which in theory could lead to your reinstatement if the resignation was only done because of the harassment. See section 123.15 of the Act Respecting Labor Standards below. Also, in this process, the Human rights Commission of Quebec may receive your case since you are alledging discrimination.

Should you not want to return to that workplace, it's possible or even likely in some cases that the employer will offer you an amount in mediation to settle this. Indeed, CNESST offers quite quickly a free mediation in a delay of a couple of months for plaintiffs like you.

I trust my answer sends you in the right direction.

Please do not forget to rate my answer from three to five stars so the site will compensate my time spent with you. It's on the top right of your screen, the bottom of your screen if you are on mobile. Bonuses are always welcomed also. A phone service is also offered, this is a premium service.

Best regards,

Jeremie ***** *****

123.15.If the Administrative Labour Tribunal considers that the employee has been the victim of psychological harassment and that the employer has failed to fulfil the obligations imposed on employers under section 81.19, it may render any decision it believes fair and reasonable, taking into account all the circumstances of the matter, including the discriminatory nature of the behaviour, such as

(1)ordering the employer to reinstate the employee;

(2)ordering the employer to pay the employee an indemnity up to a maximum equivalent to wages lost;

(3)ordering the employer to take reasonable action to put a stop to the harassment;

(4)ordering the employer to pay punitive and moral damages to the employee;

(5)ordering the employer to pay the employee an indemnity for loss of employment;

(6)ordering the employer to pay for the psychological support needed by the employee for a reasonable period of time determined by the Tribunal;

(7)ordering the modification of the disciplinary record of the employee.

______________

2002, c. 80, a. 68; 2015, c. 15, a. 237; 2018, c. 21451

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Debra, Expert

Hi,

Did you have any further questions? May I please ask that you now rate my answer this is very important so the site record my time and profile.

Thanks in advance and have a great evening.

Best regards,

Jeremie ***** *****

Customer
A response that was in line with our thoughts. Thanks for the quickness of your response considering the sensitivity of the matter.
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Debra, Expert

Thank you for rating my answer so positively. Please come back soon for your next legal question and if so, please mention ''Quebec'' in your question, or you can request me directly. Best of luck for this difficult and unjust situation.

Best regards,

Jeremie ***** *****

Customer
The physiological harassment was notice by my supervisor and mentioned to me at the post meeting with director. She indicated I was much quieter in the o
Customer
ffice, not as outgoing, eating lunch alone. These were her words not mine.
Customer
It changed my demeanour in the office and I would sent texts to my wife communicating my frustration and how it affected me mentally.
Customer
More info above
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Debra, Expert

Thank you for these extra facts. Did you have any specific further questions?

Best regards,

Jeremie ***** *****

Customer
I am suppose to have a call back from the government agency in Quebec by Wednesday but I need to make sure they understand exactly what happened. Is ther
Customer
e an easy way for me to do this?
Customer
Quebec
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Debra, Expert

I want to make sure I understand properly. You asked a question above, we discussed, I gave you an answer and you said thank you.

I can certainly answer more question at no charge, but I'd like you to explain better what exact questions you have.

Secondly, if you would prefer to speak by phone, that is possible, perhaps more easy for you, but this is a premium services.

Best regards,

Jeremie ***** *****

Customer
I apologize, I will use your answer along side the Quebec CNESST this Wednesday. Thanks for your time.
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Debra, Expert

Nothing to apologize for and you can ask me more questions, for no extra charge, I just want to make sure you confirm what those questions are I only got confused! I know CNESST very well.

Best regards,

Jeremie ***** *****

Customer
I heard from gov of Quebec and they indicated that the woman did not have to answer my question in English. She answered me in French and that was good enough. I don’t get it. She refused to speak to me in English because she said we are in Quebec and we speak French hear. I am lost
Customer
He was training me, I had to go to another coworker and ask him to explain it to me in English so I understood. This is not right
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Debra, Expert

Hi,

What women in this situation are you referring to?

Best regards,

Jeremie ***** *****

Customer
The women Johanne Noele at CNESST not 100 on last name. said, the woman in question had no obligation to speak to me in English or answer me in English (
Customer
remember she is training me and speaks very good English) I did not know all the terms etc so she was suppose to assist me but wouldn't talk English. Thi
Customer
s lady speaks English to clients 80% of the day. I believe I was a target of harassment because they just let a worker go and kept me instead because of
Customer
my English
Customer
I also had an exit meeting with a director and she ask me if she should fire Guylaine Poulin. I said absolutely not, management failed her by not dealing
Customer
with her before and setting out expectations. The director never apologized to me, she only said now I have to go face my colleagues. What!!!
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Debra, Expert

Hi,

Indeed, CNESST is under no obligation to speak to you in another language than French. As with any employee in Quebec. However, in reality, most CNESST agents will speak English to accommodate people that cannot speak French, it's unfortunate this has not happened here. Have you considered either appointing a bilingual lawyer to your case to intervene with CNESST or ask a relative to do the intermediary for language purposes?

As for your other comment, in order for me to help you more, it's important that you confirm what extra question you have, here on this site the angle is that we answer legal questions which of course can be based on facts.

Best regards,

Jeremie ***** *****

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Debra, Expert

We can also speak on the phone, I've reduced the price offer to 125$USD if ever than can be of any assistance.

Best regards,

Jeremie ***** *****

Customer
Jeremie, Johanne CNESST spork to me in English, she was referring to Guylaine did not have any obligation to speak to me in English.We need to set up a
Customer
phone call to make sure we have the same understanding of what happened before, today and going forward. Let me know what I need to do.Thanks in advan
Customer
ce
Customer
I am available tonight, tomorrow morning I am going to Quebec City to get my drivers licence, then I have an interview at 3:30pm in St George. Let me kno
Customer
w what works for you.
Ths
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Debra, Expert

I have made the proposition for the phone call, I will make it again, you please need to accept and press the button and then we will set up a phone appointment. Looking forward to speaking with you.

Best regards,

Jeremie ***** *****

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Debra, Expert

Have a safe trip on the road.

Customer
The service has been very good
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Debra, Expert

Hi,

Thank you for accepting the phone call proposition. I can speak to you right now. You can call me at(###) ###-#### If you want to set a phone meeting today or on Friday, that is possible also. Since I do not have your phone number, I please need to ask you to call me. If I don't respond it's only because I'm somewhere else in my office stretching my legs or having coffee, or already on the phone in that case please just call back 10 mins. after. I am here all day.

Best regards,

Jeremie ***** *****

Customer
This is the last response from you. You had indicated that I should not have quit. You did quote sections for me as well. Altrum is a company that hired me for my English, the perso who sits beside me speaks English and French, she was one of two training me. She did not want to speak to me in English even though her clients are 95% of her job. When I asked her why she wasn’t answering me english she indicated that we are in Quebec and we speak French.
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Debra, Expert

Hi,

I understand better now. It seems you paid for the phone service but did not call me. And I did not have your phone number. I will call you later this PM.

Best regards,

Jeremie ***** *****

Customer
Thanks Jeremie. If it can be before 5:30 it would be appreciated or anytime during the day tomorrow.
Thanks in advance
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