Wrongful Dismissal

gixxer_flexx

gixxer_flexx

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Anyone had any experience with this? Did they ever pursue the employer for compensation?
I was asked to leave immediately and only given a brief explanation of the cause. Been with the company for many years.

Any advice or has anyone been in this situation?
 
Did you receive any kind of financial compensation, did you sign anything?

If you did, you may not have much of a case, seek real legal advise ASAP.
 
Depending on the size of the company and the circumstances, they have built in cost structures for termination. You should be able to contact a fairly decent lawyer that can provide a free consultation and recommendation for action. There is some risk any additional pay out is absorbed by the cost of legal representation. But for the most part, the effort is rewarded with a little more payola. If the termination can be proven as wrongful or contructed, (set up to fail with unrealistic targets) it's possible to get a better settlement.

A long time ago, I was terminated for redundancy but found out my position remained. A good friend actually took over my position. The company let me go as I only had 5 years while the person that took over, had 25 years. It was simply cost as my performance was always above standard. They gave me 6 months pay which seemed pretty good. A letter from a lawyer to HR netted me another 3 months pay. The letter cost me a couple of hundred. I didn't want to pursue it further as it would have put my friend in a ackward position as they continued to work with the employer.
 
gixxer_flexx said:
Anyone had any experience with this? Did they ever pursue the employer for compensation?
I was asked to leave immediately and only given a brief explanation of the cause. Been with the company for many years.

Any advice or has anyone been in this situation?
Click to expand...

What did you do?
 
If your were told to leave immediately with no explanation but a severance package was given, then you weren't technically fired. But someone didn't want you there anymore and gave you money hoping you won't sue them. But if you were fired with cause, there should've been warnings and probationary time beforehand unless it was gross misconduct like stealing or assault, then you can be fired on the spot.
 
Jampy00 said:
Did you receive any kind of financial compensation, did you sign anything?

If you did, you may not have much of a case, seek real legal advise ASAP.
Click to expand...

No compensation was given (at least not yet this happened hours ago) nor did i sign anything.

RetroGrouch said:
If your were told to leave immediately with no explanation but a severance package was given, then you weren't technically fired. But someone didn't want you there anymore and gave you money hoping you won't sue them. But if you were fired with cause, there should've been warnings and probationary time beforehand unless it was gross misconduct like stealing or assault, then you can be fired on the spot.
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a very brief explanation was given, but no package
 
I suppose first you have to figure out if you were, in fact, wrongfully dismissed.
 
RetroGrouch said:
Well that doesn't sound right or legal if you didn't do anything severely wrong, did you? Speak to a labour lawyer asap.
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Googling labour lawyers/wrongful dismissals now. Going to go for a few consultations. Hopefully I can get somewhere with it.


Thanks
 
gixxer_flexx said:
No compensation was given (at least not yet this happened hours ago) nor did i sign anything.



a very brief explanation was given, but no package
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what was the explanation....? no work, too much time off, too much GTA time??...
 
was the brief explanation saying that you did something that you weren't suppose to be doing or possibly something illegal?

if they have proof of you doing something illegal then they need not compensate and can dismiss you right away. I do it all the time. When I fire away for them doing something like stealing and they come back saying that I can't fire right away etc... I always press charges so tread carefully if they have legitimate cause.
 
You can be fired for nothing in Canada. As long as they give give you pay in lieu of notice and a severance package if you have been there for 5 years or more. The legal requirement is 1 week per year depending on the job.......if you are a profesional or manager then they will usially give you 2 weeks per year or a month so in your case its 5 months plus a few weeks pay in leiu of notice. Unless of course you did something ilkegal etc. your pension should also be rolled over into a LIRA.

Actually, if you get the severance I cant recall if you get the pay in leiu of notice? The severance is the major portion you want especially at 1 month of pay for year.

Now with plant closings you get even more.
 
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