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discrimination ? or constructive dismissal

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  • discrimination ? or constructive dismissal

    ontario canada employer
    this would be a canadian human rights case not an ontario human rights as i cross the border everyday. I am currently off and have opended a WSIB form to document, only and dont know if i should file due to the law issues regarding WSIB and am also concitering a constructive dismissal. I cant seem to find a lawyer who will take on my case as this has happined before and i have it documented and also have recordings from a pervious time when he swore at me many times over even after asking him not to speek to me that way. this is a ongoing thing and i am suffering emotionally and other ways not ready to tell everyone here. please help i am in ontario and need lagit ontario information but all info is welcome thank you .
    read below for incodent details.

    On the 27 of October I was crossing the Ambassador bridge crossing into the states as per my employment. I paid my toll at the bridge and the lady in the booth made a mistake and hit the wrong button that printed the receipt, I pulled forward as per rules at the bridge and noticed the mistake. I called her at 6:15pm on the date in question and let her know of the mistake and she noted the mistake. I called her back around 6:17 pm to tell her that the time indicated on the receipt was also wrong after having more time to view the receipt. She indicated that she would write down the things that I had told her and did so and notified him boss 2, of the discrepencies on the receipt. When I returned on October 28/2009 to my home office in town Ontario , boss 1, boss 2 her and dispatch were in the office. I walked up to boss 2's desk and showed boss 2 the receipt and asked if he was notified by her of what had happened the day before. He responded "yes"! and "i have a problem with that". I said to boss 2 that I called in and told her about the ticket and he said , "but here is the problem with that". I told boss 2 at this point that I did not want to get into a big confrontation about what had happened, as I have done my job in full and called her two times and reported the error, He stood up and said " I cant even talk to you any more you ****ing Fat Son Of A *****" and then started toward me after leaving behind his desk. I stepped back and asked him to repeat what he just said as he was walking toward me, he then proceeded toward me closer and I stood back against the wall, he ended up walking past me and slamming the main office door, while boss 1 just waved me off and laughed at his reaction, a few seconds later boss 2 walked back into the office , toward his desk, and grabbed his coat. He stated to boss 1 that "if you <boss 1 > needed him <boss 2> at all he would be in his truck tomorrow. He walked out the main office door again and slammed it and boss 1 had the same prior reaction. I stayed and talked to boss 1 after the incident, and told him that that was uncalled for , and that what he commented to me just brought things to a whole new level, as he knew of a pervious reaction boss 2 had toward me in a pervious meeting. I then proceeded to leave as I started to cry in front of three witnesses, and then went home. I did another run to Crossville Tennesee on the 29 and 30th of October. On the 29th before leaving for Crossville I stopped at the office as required before leaving the yard , to get paperwork and toll money, boss 2 was sitting at his desk, I said hello to everyone to dispatch , boss 2 and her as these were the people present in the office this time. Picked up my paperwork and left the office. I let things calm down for the weekend and called in sick on Monday morning the 2nd of November 2009. I stated that I was upset mostly about the previous incident and asked boss 1 if he had time to talk about it, he stated that he did have time, and then asked if i would rather meet in person. I said sure. He said he would call me before 4pm on this day as I stated I had an office appointment with the doctor at 415pm on November 2, 2009. I waited home all day and never did receive a call from anyone at my company. On the 3/11/2009 I waited all day for a call and it never came so i proceeded with my doctors note at 5.15pm into the office in town Ontario. Three people were present again, boss 1 , dispatch and her. I stood beside boss 1's desk and waited to be acknowledged. He told me that he just got to busy yesterday, and he was sorry he never made it out. I asked if he had time to talk about what had happened on the 28th of October and he said yes. The conversation was recorded and is also available .

  • #2
    I don't know if you will get any help here since this is a US law forum & your employer is in Canada. You probably need to continue to see if you can find a lawyer in Canada to help you.
    Last edited by Betty3; 11-23-2009, 10:40 PM.
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