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    Default seeking "wrongful dismissal" legal advice

    Hey Everyone,

    I was wondering if anyone could recommend a fair Lawyer dealing with Employment/Labour laws.

    Long Story short ,

    Recently my Mom was terminated by her employer and after extensive research by myself and a good friend of mine we believe my Mom was wrongfully dismissed and targeted to be terminated by a manager that was transferred to her department less than 8months ago, she's been employed with the company for over 24years and no previous managers have has any issues with her what so ever.

    Now they did pay her 8 weeks in lieu of termination and 'ive spoken with Employment standards alberta and they said that because they have already paid the severance that's all Employment standards would have really pursued, they advised me to seek legal advise as that would be the only next step.

    Has anyone been in similar situations that could offer any information? and can anyone recommend and good lawyer and what something like this could end up costing to pursue?

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    Default Re: seeking "wrongful dismissal" legal advice

    Originally posted by BiG_BoI_LuDe
    Hey Everyone,

    I was wondering if anyone could recommend a fair Lawyer dealing with Employment/Labour laws.

    Long Story short ,

    Recently my Mom was terminated by her employer and after extensive research by myself and a good friend of mine we believe my Mom was wrongfully dismissed and targeted to be terminated by a manager that was transferred to her department less than 8months ago, she's been employed with the company for over 24years and no previous managers have has any issues with her what so ever.

    Now they did pay her 8 weeks in lieu of termination and 'ive spoken with Employment standards alberta and they said that because they have already paid the severance that's all Employment standards would have really pursued, they advised me to seek legal advise as that would be the only next step.

    Has anyone been in similar situations that could offer any information? and can anyone recommend and good lawyer and what something like this could end up costing to pursue?
    Did your mom and the new manager have issues?

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    Default Re: Re: seeking "wrongful dismissal" legal advice

    Originally posted by interlude


    Did your mom and the new manager have issues?
    Isn't that a given

    she's been employed with the company for over 24years and no previous managers have has any issues with her what so ever.
    Don't quote me on this, but I doubt that would have any relevance in court. That is, your mom may have just "changed", or the previous managers might not have cared.

    Best bet is to see an honest lawyer (lol) for advice. Most have free consultations.

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    pretty sure termination requires at least 1 week for every year served...

    so that should be at least 24 weeks of pay...

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    i lied.

    http://employment.alberta.ca/documen...emp-Layoff.pdf

    10 years + = 8 weeks minimum.

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    Originally posted by in*10*se
    pretty sure termination requires at least 1 week for every year served...

    so that should be at least 24 weeks of pay...
    That's what I thought, but maybe that is for layoff.

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    Originally posted by in*10*se
    pretty sure termination requires at least 1 week for every year served...

    so that should be at least 24 weeks of pay...
    No, the standards only require a minimum amount in lieu of notice (if it's a layoff or dismissal without cause). The labor standards do not require anything for severance which is what you are probably referring to.

    1 month for every year or 1 week for every year varies depending on the industry and is only a "best practice" or guideline. It can vary because of benefits which may follow the person after leaving and the reason for the company parting ways with the person. This is what they need a lawyer for as it seems the 8 weeks was the min required for "in lieu" of notice for a dismissal without cause. I know I'd be insulted if all I received was the bare minimums and no severance/buyout package.
    Last edited by BlackArcher101; 01-31-2012 at 11:27 AM.

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    the company should buy her out if they don't need her.

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    IANAL;

    Wrongful dismissal is difficult to prove absolutely. That being said many large companies will settle rather than risk negative public fallout, as well as incurred legal costs. Based on the info in your post they have handled appropriately. Over 10 years gets you 8 weeks pay.

    Sounds like this is a 'without cause' termination. Provided they treated her fairly in terms of bonuses/vacation payout as well as any other benefits she might have had, there probably isn't much worth going after that won't be eaten by lawyers.

    Also weigh the burning bridges price of things. This sort of stuff does get out as much as everyone tries to keep it quiet. Being how long she has been there those are probably most of her references.

    My advice is use the 8 weeks serverance to tide over until a new job can be found. That's what it's for.

    If there's more information, have her document everything. She should be able to review her file with HR prior to leaving to see how it's been documented.

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    I believe that her situation sounds more like constructive dismissal. Did the make resigning her only real option?

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    My managers have told me that in a case of dismissal without cause, as long as the proper severance is paid their is not much you can do.

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    I'm confused as to what your asking. Your asking if the severance is enough? or if the grounds of dismissal were adequate? If its the latter, you haven't given any information under why she was fired.
    Originally posted by arian_ma
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    She wasn't fired... firing is dismissal with cause. She was laid off or dismissed without cause and given the appropriate in lieu of pay. At least they didn't make her work the 8 weeks as they could have done.

    But 24 years of employment with nothing extra to show for it..... brutal. Don't be concerned about burning bridges with them, it seems they already have otherwise a package would have been offered. Absolutely must see a lawyer to try and get a severance package out of them as 24 years with nothing to show for it is wrong. Unless of course there is more to the story here.

    Might as well get the EI paperwork going.
    Last edited by BlackArcher101; 01-31-2012 at 12:10 PM.

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    Did your mom sign the paperwork and accept the package? If so then she's out of luck. If you disagree with being let go NEVER accept the package because it wont give you a chance to appeal.

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    Originally posted by superflychief
    Did your mom sign the paperwork and accept the package? If so then she's out of luck. If you disagree with being let go NEVER accept the package because it wont give you a chance to appeal.
    Not true. Any signature in that regard can be broken with a little work.

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    As brutal as it sounds, what can you do if the employer has done the minimum? I guess you could stink up the place by creating HR headache trying to get a few more bucks.

    Or try going up the ladder and see if anyone can help you.

    Is it enough ground to complain if you are terminated with notice and wage paid but the employer hires someone else to replace you.

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    More details needed - was your mom's position very specialized or senior? How hard is it to find an equivalent position? Has she found another job? Has she looked for another job?

    In this situation it looks like the argument is about what is the proper notice period. 8 weeks is the minimum by Alberta law, but most industries have standard practices that pay more, as said by others, generally between 1 week and 1 month per year of service.

    Now, here's the deal: Your mom is obligated to try and find other work. The former employer is only required to pay in lieu of notice for times longer than the Employment Standards Code minimums for the time up until your mom gets another equivalent paying job or the appropriate notice period runs out. If she gets a lower paying job, from that date until the end of the proper notice period, they would be required to pay the difference in salaries. If your mom makes no effort to find another job, then she runs the risk of being found to have failed to make reasonable efforts to mitigate the damages for her former employer and be cut off - so she's really got to try and find another job and be able to show what those efforts were.

    Finally, the length of time for the notice period depends on how specialized the job is you get dismissed from. If it's a super-specialized field where it is very difficult to find equivalent employment then the notice period might be 1 month (or more) per year of service. If it's Tim Horton's, then maybe 1 week per year of service is more appropriate, because equivalent employment is more likely to be available without having to do any retraining or w/e.

    But a word of warning: Before deciding to sue for wrongful dismissal, look closely at the circumstances of the dismissal, because often employers will dismiss and pay notice even though they think they have cause, just to avoid the hassle of a legal battle. Once a legal battle starts though, all bets are off. If they can show cause, then your mom's not entitled to anything.

    That said, it's tough for employers to show they had cause - it's either got to be blatant grounds for immediate dismissal (theft, punching another employee, unjustifiedly telling your supervisor to fuck off, etc.) or shown to be a clear course of conduct with written warnings, and opportunities to correct the offending behaviour that your mom didn't follow.

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    Originally posted by dexlargo
    unjustifiedly telling your supervisor to fuck off
    Any precedent on justifiable fuck offing?

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    I know of a recent wrongful dismissal case that went to arbitration. Despite what the minimum that is set forward by the Gov't, the arbitrators looked at what the current, common severance payout was for a position like that - also taking into account time at the company.

    In this case, the person ended up receiving more than the minimum because it was determined that the common standard for a position of that level was more than double what the minimum is permitted by law.

    However in that case - the individual did not accept the severance payment and immediately went to a lawyer. Not sure how much that changes things in your case.

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    Alright, so my mom worked @ a different location for the fist id say 20 years or so and was asked by a previous manager to come to this store to work for him and he gave her a raise as well. eventually that manager got promoted to edmonton to become a regional manager and another manager took over, he eventually transferred to a different location and this current manager was his replacement.
    Since this new manager has been with the new store many of the employees ( sales and tailors) have been very stressed under his management.

    since the first month he's always spoken to my mom in a very condesending manor and was very unprofessional.

    some examples are:

    The manager was extremely unprofessional and condescending in his communications

    He never followed proper procedures to follow up with her in regards to specific incidences and warnings

    He created a very stressful work environment for both her and the rest of his employees

    Rude, disrespectful and abusive of his position and mistreats his employees

    The manager targeted her on every possible occasion

    Her manager always seemed to have an issue with her and she felt he was unfair in his accusations. He would never openly communicate an issue with her to understand what the nature of the problem was but instead would take advantage of the fact that English is Lys second language and loudly criticize and speak down to her without letting her even explain her position.

    His demeanor and unprofessional conduct always made her feel unjustly insecure of her position with the company and uncomfortable at her workplace.

    He always had a bad attitude towards her since the first day he transferred to that location, barking commands at her and treating her poorly.

    He was not approachable by any means and was very dismissive, unsupportive, and did not help his employees to excel at their work at all

    all in all ive spoken with one of her prior managers, when I asked him how my moms performance and attitude was his response was

    "your mom can have moments when she talks to much, but she's a hard worker, always presented good quality work and has been there for him everytime he needed her"

    to be honest right now my mom feels shes been bullied by a douche bag that took her job away.
    If not for him she wouldnt of had these issues and would still have her job in which she would of retired with the company.

    shes a very experienced Tailor and for her to find work @ the pay she was @ will be extreamly difficult, She has been actively seeking new employment and there is simply almost nothing hiring out there. many ads shes responded to have already hired, She is about to go inquire about another alterations shop thats only seeking part time @ the moment.

    I was ready to speak with there director of HR this morning until i decided to give employment standards a call in which they told me since the severance has been paid accordingly they cant do shit. They recommended legal action considering the time of employment.

    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.

    thanks for all the response's guys, all input is greatly appreciated!!!!!!

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