I was working as a kitchen designer with a base salary plus commission. I took a year off for maternity leave and when I returned to work, my employer informed me that the accounts I had been working on prior to maternity leave (one of which I actually brought to the company) were not being returned to me, and that he decided to keep my associates that covered my accounts during my leave, on said accounts permanently. He then proceeded to tell me I needed to start cold calling new accounts to bring in business for myself, because he did not need me sitting around "sucking up air". There had never been any complaints by my clients about my performance prior to me taking time off. My boss had always been verbally abusive to his employees, rude and does not treat anyone very well at all. I had the distinct impression he was trying to force me out so I ended up finding another job and quitting. Do I have a case for constructive dismissal? Can the Ministry of Labour help with this?

Thank you for your inquiry. This is very concerning and it definitely sounds like the employer engaged in a breach of the Ontario Human Rights Code and the Employment Standards Act by failing to reinstate you to the same position (i.e. by giving you back your accounts) when you returned from your maternity leave. If you had not resigned from your employment, this could definitely warrant a constructive dismissal claim against the employer, triggering your severance entitlements.

If you have resigned, this really changes things and, depending on the timing of your resignation, could impact your potential entitlements. Nevertheless, given the issues involved here, it is best to speak with a lawyer to thoroughly review the situation and assess your entitlements. I highly recommend that you contact the number below to speak with one of our employment lawyers before contacting the Ministry of Labour. The Ministry of Labour cannot assist with your potential common law severance entitlements or any human rights damages that you may be entitled to.