• Restaurant Server Constructive Dismissal

An exceptionally experienced server in a prominent restaurant chain was injured at work and developed a number of disabilities as a result.  The seasoned employee booked a Franklin Law consultation after she had been forced out of her employment because younger and insensitive co-workers engaged in an insidious campaign of age- and disability-based harassment against her.

She came to Franklin Law feeling broken, disposable, isolated, and powerless.  She believed that she may have been constructively dismissed and/or discriminated against, and wanted to know what, if any, legal options or remedies might be available to her.

After assuring the employee that she did indeed have a strong case, Ron Franklin of Franklin Law worked with closely with her to prepare a human rights application with a view to helping her pursue redress against her former employer.  As the employee gained a better understanding of her rights and became more comfortable with the litigation process, she became less doubtful and increasingly self-assured.

Her former employer was not unlike most employers that we see at Franklin Law, and resisted the employee’s attempts to pursue redress, and tried to put obstacles in her way, at every step of the litigation process.  Each time that her former employer called her “bluff” and told her that she did not have a case, the employee, with Ron’s support, was able to ratchet up the pressure, and push back forcefully and convincingly.

The employee’s new found sense of confidence and her determination were particularly unsettling to her former employer.  So much so that her former employer began “back peddling” and re-initiated settlement talks as the first day of hearing drew closer.  In the end, the employee was able to secure a settlement that allowed her to walk away from the dispute with her head held high and her dignity securely intact.

This case is significant because it reinforces the age old adage that “knowledge is power” and reinforces the reality that, although the cards are often stacked against employees, employees can secure justice and hold employers accountable if they are able to access information, support, and legal representation that they can afford and trust.

Franklin Law was incredibly proud to play a small part in this employee’s positive experience, and we continue to look for opportunities to help other similarly situated employees recognize their inherent agency, hold their employers accountable, and secure redress.  If you would like to learn more information about Franklin Law and the ways in which its employment, human rights, and labour lawyers might be able to help you, please click here.  For more information about Franklin Law’s discounted flat fee billing model, please click here.