Constructive dismissal?

[Sy2010]

I believe I have a case of constructive dismissal where my ex-employer wants to use my vehicle but does want to provide the proper insurance for it. I tried to explain to the ex-employer about the insufficient insurance but it wasn't a pleasant conversation. I left the employer's premises and never returned.

I'm trying to resolve this by using emails to the ex-employer and without going to court. But the ex-employer keeps saying I quit and do not require compensation.

I have sent a complaint to the the Employment Standards Branch. Should I wait for Employment Standards to take action?

Can anyone shed some light on what I should do?

Also, I am in Canada BC. I cannot find a Canadian legal help forum, google keeps finding this forums.

Any help would be greatly appreciated.

 

[Zigner]

I believe I have a case of constructive dismissal where my ex-employer wants to use my vehicle but does want to provide the proper insurance for it. I tried to explain to the ex-employer about the insufficient insurance but it wasn't a pleasant conversation. I left the employer's premises and never returned.

I'm trying to resolve this by using emails to the ex-employer and without going to court. But the ex-employer keeps saying I quit and do not require compensation.

I have sent a complaint to the the Employment Standards Branch. Should I wait for Employment Standards to take action?

Can anyone shed some light on what I should do?

Also, I am in Canada BC. I cannot find a Canadian legal help forum, google keeps finding this forums.

Any help would be greatly appreciated.

This forum is for US Law Only (as is clearly stated). However, you may be in luck. We DO have one member who is familiar with Canadian law.

But I've got to say...you got in to an argument with your boss and then stormed off? Sounds like you quit to me!

 

[mlane58]

Nevermind, didn't see the OP was from Canada

 

[Sy2010]

Thanks for the information.

Does anyone by chance know of a Canadian forums like this one?

 

[Betty]

You can "try" here. It's a Canadian law website that is sometimes given out.

Welcome to legaline.ca

 

[eerelations]

I am Canadian and an expert in Canadian employment law.

This is not a case of constructive dismissal. Constructive dismissal occurs when an employer makes a unilateral and significant change to an employee's working conditions. Examples of this include demotions and pay drops without notice.

Your former employer is probably correct that you quit. While you may have been able to rescind your resignation by going back the next day and saying you'd made a mistake and wanted to remain an employee, the fact that you never returned means that you really did quit.

However, that said, an Employment Standards officer may see it differently. Given that Employment Standards is your only legal recourse in this situation, all you can do is wait for the officer's ruling on your claim.

 

[Sy2010]

Thanks everyone.

I will try the Employment Standards as eerelations suggested.