A shocking case that my team recently resolved involved an administrative assistant in Vancouver who was being harassed by his employer.
Roughly an hour before his shifts, the individual started receiving phone calls and text messages from his boss—reminding him to not be late for work.
For the first month, the administrative assistant thought his employer was just looking out for him. However, after getting these reminders for a second straight month, he politely asked his boss to stop as there hadn’t been any issues with his attendance.
With the phone calls and text messages continuing to come in one week later, the administrative assistant filed a harassment complaint to the company’s human resources (HR) department—including screenshots of the “reminders” he was receiving.
Hopeful that HR would bring an end to the harassment, this sadly didn’t happen. In addition to the reminders, the administrative assistant began to receive threats and insults from his employer via text message.
Resisting the urge to resign, he brought his evidence of workplace harassment to Samfiru Tumarkin LLP.
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After reviewing the administrative assistant’s situation, we informed him that he was well within his rights to pursue full severance pay through a constructive dismissal claim and file a human rights complaint.
Given the strength of our client’s case, we were able to secure an extremely favourable amount of compensation for him.
READ MORE: Tech exec’s severance victory: Turning termination into triumph
Unlike the administrative assistant, many non-unionized employees in British Columbia simply soldier on when they experience workplace harassment—believing there’s nothing they can do about it.
If you’re being bullied or harassed by your company, here are three things you need to do.
1. Remain calm and professional
After being picked on by your employer, it can be extremely tempting to do something drastic to escape the harassment, such as quit your job.
However, resigning without consulting an employment lawyer is one of the worst things you can do in this situation.
Not only could you unintentionally forfeit your right to a severance package, but you won’t be able to access employment insurance benefits—making it harder to support yourself financially as you look for new work.
READ MORE: 5 things employees should never do before talking to an employment lawyer
Your best course of action is to remain calm and contact my firm. Getting angry or doing something to hurt the company could also put your legal right to compensation at risk.
2. Document all instances of harassment in writing
In my experience, employers in B.C. often harass staff in person or over the phone to ensure there’s no evidence of any wrongdoing.
If this happens to you, send your boss a letter, email or text message—summarizing the incident and asking them to stop.
READ MORE: Dealing with a bad boss? 3 things you should do
Don’t worry about getting a response back. Documenting these moments in writing will make it very difficult for your company to argue that instances of bullying or harassment didn’t occur.
3. Contact us
If you’re being bullied or harassed by your employer, you’re not alone. The experienced employment law team at Samfiru Tumarkin LLP is in your corner.
My firm has helped thousands of non-unionized workers in B.C. enforce their rights and secure the compensation they’re legally entitled to.
READ MORE: 5 of the most common work situations where getting an employment lawyer can help
Our goal is to deliver the results that matter to you. We’ve structured our fees to be as transparent, fair and accessible as possible.
Bullied or harassed by your employer? Not sure if you’ve been constructively dismissed?
Contact the firm or call 1-855-821-5900 for a consultation with an employment lawyer. Get the advice you need and the compensation you deserve.
Lior Samfiru is an employment lawyer and co-founding partner at Samfiru Tumarkin LLP, Canada’s most positively reviewed law firm specializing in employment law and long-term disability claims. He provides legal insight on Canada’s only Employment Law Show on TV and radio.