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QUESTION

Marissa has been working for many years as an associate lawyer at a large law firm in Toronto.

Marissa has been working for many years as an associate lawyer at a large law firm in Toronto. She has got good reviews for her work and, in fact, she was approached to join her current firm a few years ago after a senior partner was impressed with the work she did on the opposite side of a file. However, she has never made partner, despite being told that she would in due course if she switched to her current firm.

When she returned from maternity leave this summer, her office had been given to another lawyer and the senior partner who backed her had retired. Since then she has not been assigned big files. She also found out that another associate lawyer, Abdul, who joined the firm shortly after she did makes more money.

When she complained about this to the managing partner in September, he told her to, “Stop bitching and start working harder if you want more money.” This week she got let go for cause – claiming her poor job performance.

What Common Law and Statutory remedies might Marissa claim and how would she go about doing so? Are there consequences for her choosing one route over another?

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