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An employee of a franchise fast food chain in Toronto has been working in a very toxic environment for some time now. Her hours have been cut from full time to part time because she's unable to work a shift that requires taking orders on the phone due to a hearing disability, she's been written up for insubordination because she refused to change expiration date stickers on food (so it can be sold past the recommended date) as well as other unreasonable requests by management, she's been verbally abused by the owner several times, is being forcibly asked to sign a supposed policy that has her name on it as an example of insubordination (which is a huge breach of privacy as this was distributed to all store employees), and was more recently phisically assaulted by the owner when she refused once again to sign the new "policy" (he grabbed her arms and shook her and told her to get out of the store). An ambulance was called and she filed a police report and is currently on sick leave, but without pay (stress and fear of safety in the workplace). Can she claim EI is she does not return to work? If this isn't constructive dismissal, i don't know what is.... but she cannot afford a lawyer given her income (or curret lack thereof). What are her options?

Thank you for writing to us. My name is Stephen Gillman and I am an employment lawyer at Samfiru Tumarkin LLP. The way your friend has been treated is completely unacceptable! Also, what you have described would amount to a constructive dismissal. The employer has also violated your friend's Human Rights and their Occupational Health & Safety obligations. I would encourage your friend to email me directly to set up a time to discuss her matter and legal options (stephen.gillman@stlawyers.ca).
The Lawyers at Samfiru Tumarkin LLP
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