HR Ignoring Your Harassment Complaint? You Could Be Owed Compensation

When HR told a university employee to put up with her boss’s harassment, Samfiru Tumarkin LLP took action and secured a settlement worth approximately one year’s pay. The employee had worked there for only about a year.

Employment lawyer Lior Samfiru shared the case on the Employment Law Show, explaining how the university’s failure to address repeated complaints led to a successful constructive dismissal claim.

HR Knew About the Harassment but Did Nothing

The employee had relocated for a managerial position at a major university. She was excited about the opportunity, but her new boss quickly made the job unbearable.

Her director regularly yelled at her, put her down and made unreasonable demands. She eventually went to HR for help.

Instead of investigating, HR acknowledged that other employees had complained about the director before. Their message was simple: That’s just how she is. You’ll have to put up with it.

Things got worse after the director learned about the complaint. The employee’s mental health deteriorated, and she eventually had to take medical leave.

Can You Sue Your Employer If HR Ignores Harassment?

Yes. Employers have a legal duty to address workplace harassment complaints. They can’t simply dismiss serious concerns because a manager has behaved that way for years.

In this case, the university’s failure to act created a poisoned work environment. Lior determined that the employee had grounds for constructive dismissal.

Constructive dismissal occurs when an employer’s actions make it impossible for an employee to continue working under the existing conditions. Employees in this situation can pursue compensation even if they haven’t been formally fired.

Learn more about your rights if you’re experiencing workplace harassment.

Employee Secures a Year’s Pay After Just One Year of Work

Lior and the team at Samfiru Tumarkin LLP pursued a constructive dismissal claim against the university.

The case settled for approximately one year’s pay, even though the employee had worked there for only about a year.

It’s a powerful reminder that employees don’t have to spend decades with a company to be entitled to significant compensation.

Employees who are constructively dismissed can be owed substantial severance pay, potentially reaching 24 months’ pay.

Use our free Severance Pay Calculator to estimate what you could be owed.

What Should You Do If HR Tells You to Put Up With Harassment?

If your manager is bullying or harassing you and HR refuses to help, don’t assume there’s nothing you can do.

1. Document what’s happening. Keep records of inappropriate behaviour, complaints and HR’s responses.
2. Report the problem in writing. Make sure your employer knows what’s happening and has an opportunity to address it.
3. Speak with your doctor if your health is suffering. Workplace harassment can have serious physical and mental health consequences.
4. Contact an employment lawyer before resigning. You could have a constructive dismissal claim and be entitled to compensation.

You don’t have to accept a workplace where harassment is ignored or complaints lead to further mistreatment.

Get Compensation for Workplace Harassment

If HR isn’t taking your complaints seriously, the Toronto workplace harassment lawyers at Samfiru Tumarkin LLP can help you understand your rights and pursue the compensation you’re owed.

We help non-unionized employees across Ontario, Alberta and British Columbia with workplace harassment, constructive dismissal and wrongful dismissal claims.

Don’t resign or sign anything before checking your rights. Contact us today or call 1-855-821-5900.