got fired need help

[001]

Got fired but did nothing wrong. They gave me my severance packages and an extract 3000 dollars if I sign a release form stating that I will not sue them. Does this form mean that they are afraid they let me go unfairly?

Their reason for letting me go was that my management style was not in tune with what the company wanted. However they never gave me any training or feedback to change my approach. As a matter a fact whenever I asked how I was doing I was always told everything was fine. I had no verbal or written warnings about my performance and my last performances appraisal not even three months ago stated I was doing a fine job I actually got a raise.

The only issues I had were with a few employees on my team that were not doing their job. I would repremends them whenever needed and always did things by the book.. Problem was that these individual were always going into HR and complaining about me. Still Hr never told me I was doing anything wrong since I always followed company guidelines. Currently the company is trying to appease employees unrest since they are afraid a union my be voted in.

I feel that if anyone was a victim in this it was me because towards the end team-leaders such as myself had lost all authority to control the frontline staff and on occasion we would actually be disrespected and upper management did nothing to help us.

What do you guys think. Was I let go unfairly? Should I sue or should I sign the release for and get my $3000?

 

[drlove]

Consult a lawyer.

 

[papasmerf]

Seems to me
before I would sign anything I would want to see my employment file. Since that is likely not possible without a lawer, a cost is involved. I guess that said you need to evaluate your options.

Will they sign a letter indicating you left of your own accord, in return for your signature?

Are you employable within 30 days?

Will they allow you to collect unemployment?

Can you afford to be involved in a lawsuit for several years and have the stigma of suing your emplyeer attached to you? (in some smaller areas of expertise this will make you unemployable)

 

[calloway]

Sounds like you got the shaft... sorry perhaps that was the wrong term to use on Terb. Don`t sign the release... shit another term that could be misunderstood here. Sorry to hear the news... as someone who has been fired and also fired a number of people... depending on some key information not provided or confirmed, you should be able to receive up to minimum of 3 weeks for every year of service without any difficulty... if in fact this is wrongful dismissal. I received three months for one year of service... so it was obvious mine was wrongful dismissal. I also demanded and retained benefits for the three month period.

Ontario employment standards set a minimum of one week`s notice for every year of service. How long did you work there? This is the minimum severance you should be paid. Don`t sign that release without seeing a lawyer specializing in employment issues. Did you get copies of your performance reviews? Did you get an actual job description outling your responsibilities? Did you get a written employment contract when you agreed to work for them? Bring all of this information to a lawyer if possible including the dismissal letter... which I assume was also in writing. Another powerful option to your benefit would be statements from other managers and employees that could positively confirm your effort and quality of work.

There was a previous Terb thread on this exact issue... https://terb.cc/vbulletin/showthread.php?s=&threadid=57709&highlight=fired

The Ontario employment link... http://www.gov.on.ca/lab/english/es/factsheets/fs_termination.html

 

[budweiser3]

On a whim, could this possibly be TMMC?

 

[banshie]

If you get a decent lawyer, you can find out your options without it costing an arm and a leg. It happened to me once, years ago. We went the first step, which was to right a letter demanding a better settlement. After that, his advice was to drop it, as i didn't have much of a case. It sounds like you have better grounds for wrongful dimissal than I did, but only a lawyer will know for sure.

For your own sake, try to get beyond the victim mentaility you are currently in. That's easier said than done, but blaming others for your troubles will only keep you stuck. It will sap your strength and keep you from moving forward.

 

[calloway]

Sorry... one more critical factor in severance settlements... how "employable" are you 001? As an example.. if you're 60 years of age and only ever worked in a factory... this company is at signficant risk if they terminated you without cause. On the other hand... if you're 28 years of age and working in an industry where job opportunties are plentiful... your chances of a large severance are much less. Your current and now ex-employer wants you back in the workforce as soon as possible or their risk is substantially more. See a lawyer... at the very least they will send a letter to your ex-employer confirming that you're serious and not going to be jerked around. The cost is minimal and well worth it.

 

[Keebler Elf]

Management has the right to terminate non-union employees at any time. Notice period (or payment in lieu of) and possibly severance (if the employer has a payroll of $2.5M+ or 50+ employees) are applicable.

When they told you they were terminating you b/c you weren't a good fit with the company, that may well be the truth. If you had problems with employees, then it is quite possible that management felt it would be easier to remove you than remove them (especially if a union drive is possible).

Terminating someone b/c they are not a "good fit" may seem shady, but it is entirely legal. If they just said that as an excuse, it may be different. But having someone not fit into a team environment is a 100% legitimate reason for dismissal. There is no job entitlement in Canada.

I think you have a strong case, however, b/c HR and senior mgmt didn't do their job in advising you that there was a problem. The evidence you provided (good PA, pay raise) also supports your case.

Offering $3,000 might just be their way of reducing the chances of a lawsuit. It doesn't necessarily mean they feel they are guilty of something. Since they gave you severance and a chunk of cash, it shows they're at least being reasonable.

Talk to a lawyer.

 

[001]

I think you are right and that I should see a layer. Furthermore all the reprimands a made were made with upper-management’s approval so I shouldn’t be taking the fall.

 

[Dr.Evil]

I think you are right and that I should see a layer.

see a lawyer first !! and a layer after , if you got enough $$$ left .

 

[Qsecofr720]

Dong nothing wrong? Come on people, you are reading one side of the story - sorry as it is. The form you are asked to sign is a standard form that HR will use to ensure that the company will not be brought into a suit down the road. You are agreeing that if you sign the form and take the package, you agree that you will not go back to the well later. You can certainly sue now or have a lawyer look at the form, but do not take the severace or payout - it's all or nothing. Did they fire you for cause or were you let go because of other reasons. If they fire you for cause, they must provide documentation to back that up. Letting you go because you no longer fit in? I am sorry but there is nothing wrong legally about that.

 

[onthebottom]

001

Tell your employer you'd like your lawyer to review all the documents before you sign them. Then find a good employment lawyer and pay for an hour to have the documents reviewed.

Get over the "without cause" emotion - employment is "at will" in most cases so unless there are special circumstances it's time to move on.

Good luck.

OTB

 

[Warm Hands]

If you're in Toronto, the firm you should see is Kuretsky Vassos. They are a top labour law firm, and specialize in representing employees, not employers. They're at Yonge and Adelaide, I think. I used them on one occassion for advice and planning, and was very satisfied. They're expensive, but this isn't the time to go for the cheapest alternative. They'll tell you exactly what your alternatives are and how each avenue of action is likely to play out. You will then be in a much better position to make a decision.

WH

 

[George OTJ]

The above is good advice - there is not enough info (like length of employment, benefits etc). Never sign anything before consulting a lawyer - if they press you to sign just tell them that if it's good enough to sign now, it can wait for my attorny's review.
Also be very carefull in what you say in any exit interview - it can come back and haunt you if there is a civil trial. Another factor is your current financial situtation. In my mind 3k is kind of small.


bbk

Yes. Be very careful what you say, and even more careful what you write. At my exit interview, all I said during the entire interview was "This (termination letter) is dated tomorrow. I'm assuming you don't expect me in tomorrow morning."

If you decide to go forward with legal action, your lawyer may ask you to pay for a law library search (I think I paid $225 for this). You'll get a listing of all wrongfull dismissal suites which went to trial in Canada which are similar (i.e. similar age, profession, industry, and it also lists length of service and amount awarded) which will tell you what the courts are awarding in similar cases to yours. It helps to figure out what is reasonable to ask for.

Also, if you are suing for less the $50,000, you can ask the courts to award your legal costs in addition to the settlement.

P.S. I was laid-off August 2003. My preliminary-trial date is in Dec.