My boss screamed at me about an accusation of another employee and when the accusation was found to be false he still

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Customer: My boss screamed at me about an accusation of another employee and when the accusation was found to be false he still has treated it ss true
JA: When did this begin? Was the work environment intimidating, hostile, or abusive?
Customer: 2 days ahp *ago It's an incredibly hostile environment
JA: What kind of workplace is this (private sector, public sector, etc.)? How many employees?
Customer: Private sector healthcare (ems) less that 20 employees
JA: Where are you located? Harassment laws vary by state.
Customer: Saskatchewan
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The claim was sexual harassment by a coworker at a small gathering coworker was both drunk and high. The claims were later proved false (interviews with other people at the gathering) but she has still lodged a complaint with police (did not press charges just wanted it "on record")
Answered by Debra in 4 hours 2 years ago
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Debra
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Debra
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Debra
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174572 Satisfied customers

Jessica

Jessica

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31,131 Satisfied customers

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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 of this difficult situation.

Are you in a union?

Wha tis your specific legal question please?

Customer
I don't know what to do. These false claims despite being proven false have cause damage to my reputation and are now interfering with my work. My boss is still treating them as true after its been proved it isnt. My legal question is what can i do about this? The claim was given to police but no charges pressed and she said she didnt even eant them to talk to me. But then went to our boss and blatantly lied about the situation. I brought my witnesses forth to my boss (eveyone else there) he still believes ive done something wrong
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Debra, Expert

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.

Your best next step would be to consult with an employment lawyer in your city.

Does that help?

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.

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