Workplace Stress: Do I have Any Recourse?

A recent survey on workplace stress highlights some shocking numbers as it relates to working during the COVID-19 pandemic. Particularly, the latest survey results from The LifeWorks Mental Health Index found that nearly 20% of Canadians who resigned during the COVID-19 pandemic cited increased work stress as the reason for leaving their job.

The survey results revealed that 35% of Canadians reported that they are either considering or are unsure about leaving their job. These individuals also reported a mental health score more than three times lower than those who are not considering leaving their job.

As the pandemic continues, we are seeing many cases where employees are feeling run down due to changing circumstances in their workplace that are outside of their control. But does an employee have any recourse if their employer is responsible for creating a stressful work environment?

Are you stressed due to changes at work?

Whether an employee has any legal recourse against their employer due to workplace stress can be a fine line walk since the situation must be viewed objectively. It is generally expected that most employees will experience some work stress during their employment, and not every incident of stress experienced at work will warrant legal action.

However, if your work situation changes significantly as a result of your employer’s actions, and those changes are causing you ongoing stress and anxiety, you would not be expected to accept those changes.

Workplace stress could be caused by such things as increased workload, workplace harassment, or a poisoned work environment. In the context of the COVID-19 pandemic, it could be caused by your employer’s refusal to allow you to disconnect from work during non-business hours. In these situations, you may be entitled to severance pay if your employer disregards your concerns and requires you to keep working under these new stressful conditions.

LEARN MORE
• Can’t work due to stress of COVID-19
• How to go on stress leave in Ontario
• Stress leave for Alberta employees

How to respond to work stress created by your employer

Managing workplace stress should be a collaborative effort between the employer and employee.  If an employee feels that their employer has made fundamental changes to the terms of their employment, and they do not agree to those changes, it is important that this be brought to the employer’s attention. This is best done in writing, and in a timely manner, to ensure that the issue is made clear to the employer.

If an employee continues to work under the new employment conditions imposed by the employer without expressing disagreement, as time passes the employee could be deemed to have accepted the changes. This could give the employer the right to make further changes to the terms and conditions of employment in the future.

When you can claim constructive dismissal

If the employer continues to ignore or disregard the employee’s concerns about the stress caused by changes to their position or working environment, the employee may be able to claim constructive dismissal.

As a result of the unilateral changes in their position, the employee can reject the change, leave their job, and pursue their severance. This entitles them to the same amount of severance as if they had been terminated without cause. An employee may still be able to claim constructive dismissal on account of the changes to their employment even after they have resigned.

WATCH: Employment lawyer Lior Samfiru explains what employees need to know about constructive dismissals during COVID-19 on season 5 episode 9 of the Employment Law Show.

What to do if you are too stressed to continue working

• First and foremost, if you are feeling too stressed to continue working do not resign without first speaking with an employment lawyer to assess whether you have a case for constructive dismissal. Constructive dismissal cases based on work stress can be difficult to navigate. Our team of experienced employment lawyers can help you ensure that your case is solid before you pull the trigger and quit your job.
• Look to any internal resources that your employer may offer (i.e., an employee assistance program or benefits coverage for therapists or counselling services) to help you manage your work stress.
• Most employers have a sick leave policy and/or short-term disability policy that employees can access due to stress. There is absolutely no shame in having to take a leave of absence from work on account of stress and your employer cannot punish you for doing so.
• If your employer does not have a sickness and/or short-term disability policy, you may be entitled to Employment Insurance (EI) sickness benefits, which can provide you with up to 15 weeks of income if you cannot work because of severe stress.
• Most provinces offer statutory-protected sick leaves that you can take if you are severely stressed. For instance, Ontario provides three unpaid days of stress leave. However, your employer may allow you to take a longer period of time off for a stress leave if you have medical documentation supporting an extended leave.

When to reach out to an employment lawyer

Contact our team of experienced employment lawyers in Ontario, Alberta and BC if you need legal advice about changes at work that are causing you stress. We can review and assess your employment rights and explain what your options are.