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Is It Possible To Sue Your Employer?

One of the most common questions every employee has is whether it is possible to sue the employer. As long as you are not a unionized worker, you can take your employer to court.

What should you do as a unionized employee?

When you are in a union, you need to get in touch with the representative or shop steward to know what is the course of action. In this situation, you have to go through the grievance process, which is a part of the collective agreement.

The representatives are the ones who are responsible for resolving the problems with your employer. However, if you do believe that they could have taken different steps to handle the grievance, you can file an administrative complaint against them.

What if you are not a unionized employee?

If the employer violates the obligations and duties that come under the human rights and employment law, you can take them to court. Before you approach a lawyer, try to negotiate with the employer, to see if both parties can come to a mutual agreement. However, if your situation remains the same, despite your best efforts to bring your grievance to light, you should file a lawsuit.

When is the right time to take action against your employer?

Keep in mind that you cannot file a lawsuit against your employer, only because you are unhappy with your life in the workplace. Take action, if you face the following situations in your workplace:

Discrimination

Under Canadian law, if you suffer from discrimination by your employer, it is possible to file a lawsuit against them. For instance, if they denied a raise in your salary or promotion due to your gender, ethnicity, or religion, you should get in touch with a lawyer.

Harassment

While sexual harassment is the most common type employees face in the workplace, there are other forms. For example, if you face harassment from a supervisor, client, or coworker, you can ask your employer to take the appropriate action. If the situation remain the same, despite bringing it to the attention of higher authorities, you can file a lawsuit.

Wrongful dismissal

Employees tend to have an unpleasant relationship with their employers if they get fired due to various reasons. However, if you believe the employer dismissed you under illegal or unlawful purposes, you have the option of suing them.

If you want to take action against your employer because you believe they didn’t follow the law, get in touch with a lawyer as soon as possible!

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