Workplace Harassment Lawyers

Is your boss, a coworker or even a client making work unbearable? This page is for employees in Quebec facing workplace harassment, and for employers handling a complaint. Below you can compare workplace harassment lawyers, see their rates and open times, and book a consultation online.

What counts as workplace harassment in Quebec?

Quebec's Act respecting labour standards protects most employees against psychological harassment, and sexual harassment is included in that definition. Éducaloi sums up the test in five criteria. The behaviour must be:

• Vexatious: abusive, humiliating or offensive, as a reasonable person would see it.
• Repeated, or one serious incident: a single serious act, such as a threat, can be enough if its harmful effect lasts.
• Hostile or unwanted: staying silent does not mean you agreed.
• Harmful to your dignity or integrity: psychological or physical.
• Creating a harmful work environment.

Intent does not matter, and the harasser can be a manager, a coworker or a client. Workplace harassment examples: repeated humiliation in front of others, threats, deliberate exclusion, unwanted sexual comments or touching. A few rude remarks on a bad day usually are not harassment.

What your employer must do

The employer must take reasonable steps to prevent harassment, stop it once aware of it, and make a prevention and complaint policy available to employees. That policy tells you who receives complaints.

My boss is harassing me: what should I do?

• Write it down as it happens: dates, times, places, exact words, who was there.
• Keep the evidence: emails, texts, chats, voicemails, and medical notes if your health is affected.
• Use the internal policy: report it to the person named in the policy, in writing if you can, and keep a copy.
• Talk to a lawyer early: before you resign or sign anything. A lawyer can tell you which recourse fits.

What evidence do you need for harassment? No single document: a consistent written record, messages, witnesses and proof that you reported it usually carry the complaint.

Filing a complaint with the CNESST

A non-unionized employee can file a psychological or sexual harassment complaint with the CNESST within 2 years of the last incident. The CNESST offers free mediation, can investigate, and may provide a lawyer at no cost before the Tribunal administratif du travail. Remedies can include reinstatement, lost wages and damages. A psychological injury certified by a doctor may also support a workers' compensation claim.

Unionized? Your collective agreement's recourse, usually a grievance filed through your union, generally replaces the CNESST complaint. Federally regulated workplace? Banks, airlines, telecoms and other federal sectors follow the Canada Labour Code instead of the Quebec rules.

When to get a lawyer

• The harassment continues after you reported it, or nothing was done.
• You are thinking of quitting, were fired, or were pushed out after complaining.
• You were offered a settlement or a release to sign.
• You are an employer facing a complaint, or need a sound harassment policy and investigation process.

If your job ended, see our wrongful termination lawyers and our guide to severance pay in Quebec. For other work issues, see our labour and employment lawyers.

How much does a workplace harassment lawyer cost?

There is no set price. Lawyers set their own rates, which may be hourly or a fixed fee for a step such as reviewing a settlement. On JustiConnect you see each lawyer's rate before you book.

Choosing a workplace harassment lawyer

• Side: ask whether the lawyer usually acts for employees, employers, or both.
• Experience: CNESST complaints, the Tribunal administratif du travail, and settlement negotiations.
• Bar membership: every lawyer practising in Quebec must be a member of the Barreau du Québec. Our guide on how to choose a lawyer in Quebec has more tips.

Frequently asked questions

How long do I have to file a harassment complaint in Quebec?

For a CNESST complaint, 2 years from the last incident. Other recourses have their own deadlines, so check early.

Pick a lawyer from the list and book directly, or see every lawyer's open times.