Personal injury, sexual advances, psychological harassment, wrongful termination, and employer discrimination are all things we wish did not happen, but they are sadly part of this world. Regardless of the advances in workers’ rights, toxic work environments are still common.
Depending on the sector Quebec workers are in, they may fall under the provincial Act respecting labour standards or the Canada Labour Code which only applies to certain industries in which the federal government has jurisdiction over instead of the provinces. Keep reading to find out in which circumstances it is possible to take legal recourse against an employer.
Is it possible for an employee to sue an employer in Quebec?
Quebec workers can sue an employer since anyone who orders someone else to perform duties on their behalf is legally bound to repair harm caused during the performance of those duties. A victim must prove:
- The person at fault is an employee or employer;
- That a fault was committed;
- That the fault was committed at work.
Does the Canada Labour Code apply in Quebec?
Only some employees are covered by the Canada Labour Code. The Canada Labour Code is the federal law that sets the minimum standards for employees working for federal institutions such as:
- The federal government
- Banks
- Radio and television stations
- Interprovincial transportation companies
- Ports
- Telecommunication companies
Employment law in Canada is governed by statute and common law in nine of the ten provinces. The province of Quebec is unique in this regard because it lacks a common law system. It is instead controlled by the Civil Code of Québec, which was modeled after the Napoleonic Code of France, and the jurisprudence that interprets it.
While statutory rules may differ from province to province, there is some consistency in employment standards, workers’ compensation, occupational health and safety, labour relations, and employment discrimination laws across the country.
Guide to work-related mental stress injuries
What can you sue an employer for?
You can sue an employer for the following reasons:
- Illegal termination
- Deducting pay
- Discrimination
- Workplace harassment
- Retaliation
1. Illegal termination
While workers in an at-will employment state can be terminated at any time, there are still ways for an employer to illegally terminate an employee. If an employee was fired for the following reasons, they were wrongfully terminated:
- Without reason
- For poor performance without warning or proof
- When they had a contract in place
- After they filed a complaint on their workplace or co-workers
- Without supervisors following company policy
- After a work-related injury
An employee must produce proof that they were fired illegally to pursue a wrongful termination claim. An employee contract, a written guarantee of employment, or confirmation of a verbal contract could all be used as evidence.
2. Deducting pay
Employees are protected from unjustified wage deductions. An employee who had his pay deducted without justification or warning may file a lawsuit against his employer for breach of contract.
Employers are required to retain accurate records of employee hours worked and pay received. An employee who believes his salary has been unfairly taken should seek legal counsel from a CNESST lawyer. The employee will be required to provide his records, which will include notes on the hours and times he worked, as well as pay stubs and a copy of his employment contract.
3. Employer discrimination
An employee who has been discriminated against at work may file a lawsuit against his employer. The employee must show that he was subjected to direct employment discrimination that was unrelated to poor job performance. In addition to demonstrating that he does a good job, the employee must also show that he belongs to a protected class that is discriminated against (sexual orientation, religious minority, etc.).
4. Workplace harassment
If a coworker or boss makes insulting remarks or engages in other inappropriate behavior that makes the victim feel uncomfortable, the employee is subjected to workplace harassment. There are several categories of workplace harassment:
- Psychological harassment;
- Sexual harassment;
- Cyber harassment;
- Intimidation.
5. Retaliation
It’s illegal for an employer to retaliate against an employee who files a compensation claim or takes legal action against the company. An employer can retaliate against a worker by making drastic schedule adjustments, assigning unrealistic job responsibilities, or demoting the employee without cause.
An employee may need to give a timeline of events, including information on the complaint or claim they filed against the company, to prove they were subjected to retaliation. When bringing a case, evidence of the retaliatory action, such as documentation of a schedule modification or additional job obligations, may be required. To demonstrate in court that retaliation did take place, an experienced lawyer specialized in workers’ rights is needed.
How much does an attorney cost in Quebec?
What is a typical employment lawsuit settlement?
Quebec workers who go after their employer typically obtain compensation benefits ranging from $ 5,000 to $ 80,000. Each situation, however, is unique. There is no such thing as a typical employment lawsuit settlement. The factors involved in a case have a direct influence on the amount given to the victim.
Workers who have been unlawfully terminated, for instance, might seek legal redress for their losses. A lawsuit settlement is intended to compensate for the damages the worker has incurred for all losses as a result of their wrongful termination. Quebec workers who sue their employers can make claims of compensation for:
- Wage loss that includes both back pay and front pay;
- Compensation for the loss of non-wage benefits, like stock options and health insurance, etc.;
- Emotional distress;
- Medical expenses, both to cover costs incurred from any changes in medical insurance or for conditions caused by the wrongful termination;
- Loss of professional reputation;
- Money spent on legal services, such as attorneys’ fees for filing and pursuing employer in the wrong;
- Punitive damages to punish the employer.
Challenging a ruling made by the CNESST
How do I file a complaint against my employer in Quebec?
Before you file a complaint
If you’re considering submitting a complaint against your boss, request a meeting with them first to clarify the situation and, if possible, try to resolve the issue. This strategy frequently resolves the conflict, eliminating the need to submit a complaint to the CNESST. It must be said, this is in both your and your employer’s best interests. If this method fails, register a formal complaint as soon as possible.
Take the time to understand the circumstances in which a complaint is appropriate, and seek legal counsel to consider your options. Not only will this help you understand what is at stake, but it will be an opportunity to verbalize your circumstance and get it out of your chest. Before filing your complaint, jot down any information you think is important. Keep this material on hand so you can describe your concern in detail.
Comply with the time limits provided
To avoid losing your rights, we encourage you to file your complaint as soon as possible and to take notes of all deadlines. The length of time you have to file a complaint varies depending on the nature of your complaint. Having an ally who knows the importance of time and how to navigate legal procedures is recommended.
Complete the form
After you’ve checked that your complaint is valid, you can fill out the form you’ll be given. You will need to fill out a PDF or online form depending on the type of complaint. Proofread all the information or get an employment lawyer to do it for you. Make sure you have the documentation you might wish to attach or that could help you answer any questions before filing a labor standards complaint, such as:
- Payslip
- Details of your hours worked (i.e. a work schedule)
- Record of employment by a tax slip (T4 or R1) or contract
- Any other documents you consider necessary or could be used as evidence
Need to sue an employer?
CNESST proceedings in Quebec can be managed with the help of Accident Solution. Our experienced attorneys and experts, who specialize in CNESST cases and personal injury, will thoroughly analyze the details of your case and assist you in the legal procedures that will follow. Our attorneys and experts will ensure that justice is carried out judiciously.
