seeking "wrongful dismissal" legal advice

[Go4Long]

Originally posted by BiG_BoI_LuDe
my debate now is do i call there Director of HR and talk about the treatment by the manager or should I speak with a lawyer first.

What would you hope to accomplish by telling the Director of HR that the manager is a bad person? It wouldn't really make a difference in the grand scheme of things. There's also a chance that even after you spend money on a lawyer they will find that the severance paid was in line with the law, and she could end up out a job and the lawyers fees.

[BrknFngrs]

If the environment as a whole is poor as a result of new management it might be worth discussing a claim on the grounds of it being a toxic environment. Can't hurt to discuss it with a professional.

[CapnCrunch]

Unless you have proof of any of that stuff (it all sounds like opinion), you're wasting your time and money with a lawyer.

[eblend]

Man when i first read your post I was a little worried that that you were talking about a lady who was working with us, who just recently got fired after a similar amount of time, thanks god it wasn't her, cuz this lady was as useless as a bag of shit.

i was creatively thinking of how to say this nicely, thanks god this isn't about the same person.

Sorry to hear about your mom. we had alot of new management recently too and it sure does make like hell every once in a while (always)

[CanmoreOrLess]

Originally posted by BlackArcher101


Not true. Any signature in that regard can be broken with a little work.

Very true, her state of mind and level of information all come into play. Easy out. Call a lawyer, the initial consultation is free, you'll know in three minutes if there is a case to be made .

[dexlargo]

Originally posted by BrknFngrs
If the environment as a whole is poor as a result of new management it might be worth discussing a claim on the grounds of it being a toxic environment. Can't hurt to discuss it with a professional.

Toxic environment? That's a ground to sue? (I don't think so.)

OP, How are the stores owned? Are they individually owned, like a franchise? Did she get paid by the same entity as when she worked at the first store? I.e. did she get paid by 123456 Alberta Ltd when she worked at location 1, and then get paid by 654321 Alberta Ltd. when she worked at location 2?

If so, then she might only have 5 years of employment, not 24 years. If she was working for the same employer the whole time (and if they have centralized HR, it sounds like this is probably the case), then it would be the 24 years total, even though she changed locations.

Anyway, getting some advice shouldn't hurt. If money is tight for her, a not bad option would be to go to Calgary Legal Guidance or Student Legal Assistance for some low-to-know cost legal advice.

[BrknFngrs]

Originally posted by dexlargo
Toxic environment? That's a ground to sue? (I don't think so.)

Maybe you're more familiar with the term "Hostile Work Environment"? I've seen them used interchangeably but maybe hostile work environment is the proper term.

Don't know much about them but the topic came up in a course I took and I seem to recall these suits having very significant claims.

[JudasJimmy]

Did they not give her a reason? or did I miss it? Remember there are always 2 sides.

[[GaGe]]

Originally posted by BrknFngrs


Maybe you're more familiar with the term "Hostile Work Environment"? I've seen them used interchangeably but maybe hostile work environment is the proper term.

Don't know much about them but the topic came up in a course I took and I seem to recall these suits having very significant claims.

She was dismissed without cause and was paid in lieu rather than being given notice. The employers have the right to do that. I don't see how she can make a case out of a "hostile work environment". That may be grounds for wrongful dismissal, which is a totally different scenario.

The only case I can see here is, if her employment contract didn't reference the Employment Standards Code (gives her the rights to 8 weeks of notice, or pay in lieu), she may be able to pursue common-law remedy (one month for every year employed, up to a certain limit):

http://www.carrlaw.com/employment-st...law-rights.asp

You'll want to consult a lawyer for that though. I've only seen these common-law remedies being granted in wrongful dismissal cases, so I'm not sure if they would apply to her situation.

[BlackArcher101]

Exactly, this isn't a case of "wrongful dismissal". That would only be true if she was fired with cause and they held the 8 week in lieu-of payment.

BiG_BoI_LuDe, while unfortunately the manager sounds like a dick and they didn't get along, it doesn't mean much. A company can dismiss nearly any employee that they want at any time. This doesn't mean it's a wrongful dismissal. If this was a case where the employer was saying they canned her ass and refused to pay her notice (and not eligible for EI) then this would be a "wrongful dismissal" or "constructive dismissal" situation.

What you need is a lawyer considering the amount of time she has been there. Do note though, that legally, she has received the amount owed to her. If she feels (and most will agree she does) that she is owed over and above that amount for the long employment period, then a lawyer is your only next step available to you.

Because you will likely be getting a lawyer involved, I would stop communicating about this on a public forum. Even though you have kept details out, connections can still be made.

[M.alex]

This isn't the US - you arn't going to be able to sue for $10M + pain & suffering.

As said above, chances are anything they settle for will be eaten by the lawyers.

Your best bet would be to see if you could spin it into some type of discrimination claim - human rights is free

[Ven]

You'll get nowhere. Labor Standards is essentially toothless, don't expect much out of them. Without a union to negotiate or mediate she's SOL. However, with great clarity and professionalism, she could always present her case higher up the ladder. A person doesn't go from being a quality employee for 24 years and suddenly going sideways. Obviously she has value, and hopefully someone else in the organization will have a little more between the ears and see that.

Sounds like we could have a beyond.ca tailor? Does she do side work at home? I could use some work done.

[bignerd]

Ditto, need some hemming done also.

[kvg]

Like I mentioned be for she probably has a case for constructive dissmissal, not wrongful dissmissal.

[BlackArcher101]

Originally posted by kvg
Like I mentioned be for she probably has a case for constructive dissmissal, not wrongful dissmissal.

That's not the case here. Constructive dismissal requires the employee to resign. It's used when a person quits because their employer drives them to or the employer drastically changes their role or contract to something they don't agree with. A person then claims constructive dismissal so they are able to get their in-lieu of pay as well as to be eligible for EI and other benefits as if they had been laid off.

Claiming either wrongful or constructive dismissal is pointless for this situation as the 8 weeks has been received. She was dismissed legally and no wrong doings occured there. It's now a separate matter with a lawyer to obtain any extra money she thinks she's deserved for severance.

[LollerBrader]

I havn't read the whole thread, but suggest that the decision to fight or not be made on the basis of how easy it will be for her to find a comparable job.

If it was a 30-something, I'd say move-on.

If it's a 60-something who will have trouble replacing the job, time may be better spent in just fighting for a better package.

I suggest approaching the matter in terms of economics, rather than in terms of "justice" or what one feels one deserves.

[BiG_BoI_LuDe]

thanks for all the input everyone, helps to have opinions and other viewpoints. Much appreciated!!!!!

As for Beyond Tailor something is in the works Will let everyone know when she's ready

as for the situation life goes on, it will take time for my Mom to find new work as English is a second language but maybe this was all meant to be and she finds a better and or happier opportunity after all of this.

As for the manager...... Karmas a bitch and so if life.