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I was an Education Assistant with the Hamilton Wentworth School Board. Originally I was part time but a full time position became available. However, I had already booked a 2 week vacation months before this and told the Principal as the position normally only allowed for 6 days off. She said the trip wouldn't be a problem and I arranged to take the time off without pay and found another EA to cover for the time. As a result, I applied for the position and was hired last school year. The student I was responsible for was very violent and daily would kick, punch, pinch or bite me. The job was very stressful. Early this school year I reminded the Principal of the trip and again she assured me that she was aware. However, when I officially requested the time off, the Principal then lied and said she had no knowledge of the trip and my request was denied. I escalated the request but no one would help as the Principal continued to lie and basically told me that I would now have to quit. She also began ignoring me and treating me very poorly at the school. This further added to my stress and I sought medical assistance for the anxiety and heart palpitations I was experiencing. My doctor wanted to write me off on medical leave in December but I was hoping the situation would improve. Unfortunately, the work situation didn’t improve and my doctor wrote me off on medical leave. As the board knew I also had the trip booked they accused me of fraud and I was summoned to a meeting at the board where they were going to fire me. However, I was allowed to speak and explained the issues with the student and how the Principal went back on her word. They appeared understanding and somewhat sympathetic and the outcome looked promising. I even asked the Principal if I would be allowed to return to the school and she was very receptive. They were going to reassign me to other students and I really enjoyed most of the people I worked with so I really wanted to remain at that school. I was asked to provide further details from my doctor and another board meeting was scheduled. Today I went to the meeting and they told me that I was being reassigned to another school and I must start tomorrow knowing full well that was the first day of my trip. They forced me to resign effective immediately. As I was off on medical leave from my doctor until mid May can they force me to start a new job now or quit?
On account of both the forced relocation and the bullying, you may have a strong case for a constructive dismissal. I strongly recommend that you contact a lawyer at the number below to discuss your entitlements and options moving forward.