I've been "fired"....!! and need advice

[tom tomas]

Heres the details:

3 weeks ago the boss came into my office on a Monday at 4:30, shut off my computer and requested that I pack-up and leave immediately. He suggested that the firms interests & mine were no longer alined. He further suggested that he would continue my pay and benefits ( for a reasonable time ...???) until I found other employment. He also insinuated that I had not been performing my duties properly. This is B.S. They do not have cause.

I have worked for this firm as a construction project manager for 16 years. We are located within the Lake Simcoe area, north of TO. I was offered a partnership package within the last year. (We were unable to agree with the terms and the offer was with drawn) The firm has over the last 2 years been downsizing from an office staff high of 20 to a present staff of 10. All others were handed cheques and letters of ref's. All were handled badly and would not return if asked.

I have obtained refferences from the designers and end users of my last 3 projects. Projects range from 1 to 20 mil.

My contacts within the office advise that the company boss plans to wait me out, that is pay me wages for 2 to 3 months with the hope that I obtain other employment If after this time I have not found work they will cut me off and make me take legal action.

Anyone know of a kick ass labour lawyer in the Newmarket area?

Any thoughts/advice as to how I should proceed or what steps I should take to address this problem?

Responses are greatly appreciated.

TT

 

[The Shake]

TT - I think that you're confusing when "cause" comes into play. As an employer (in a non-unionized environment), I can pretty much fire you for any reason, provided that my reasons do not violate the law (i.e. because you're a woman and I hate women, or something like that).

Should I choose to fire you, I am obligated to pay you severance. There are minimum legal standards for severance plus anything in your contract (if you have one).

The issue of "fired with cause" comes in to play if I decide that I don't want to pay you your severance.

 

[Perry Mason]

Should I choose to fire you, I am obligated to pay you severance. There are minimum legal standards for severance...

Quite right, Shake. The "rule of thumb" is one month per year of service, but that is only a guide.

Call the Law Society's client referral service to get the name of a lawyer in Newmarket that specializes in employment or wrongful dismissal matters.

Good luck... it is always very difficult for the employee when he is dismissed the way you were... but trust that your situation will get better and put 98% of your energies into finding a new situation for yourself.

Perry

 

[duMaurierguy]

Quite right, Shake. The "rule of thumb" is one month per year of service, but that is only a guide.Perry

Actually, in Ontario, the minimum severence would be one week for every year of service. The higher up the food chain within the company, generally, one would expect a more generous 'buy-out'.

Best thing to do is refer to your contract (providing you have one). By all means consult with a lawyer that has experience with Ontario labour laws to assist in working out a final settlement with your former employers. Be sure to get everything in writing to protect your interest and standing in your professional community. Good luck.

 

[Back Burner]

What if he had a signed contract?

 

[lickrolaine]

WOW

Sorry to here about your situation.I also live in the same area,and was quite surprised to here we had a construction manager company here.I think if they come good on paying you for awhile,that they are doing more then what is neccessary? If in fact you worked in the area for this outfit,cool,but you probally know that you will have to go south for work now.
Happy job hunting,best of luck,
take as much as you can,
imop

 

[The Shake]

What if he had a signed contract?

It depends on what is in that contract.

 

[johnnyhandsome]

That sucks, Tom. My heart goes out to you.

Just out of curiosity, though. Your boss didnt by any chance discover your websurfing habits like TERB etc., did he??

 

[33rdst]

Correct DMG. Also i believe, that minimum severence is up to a maximum of either 8 or 11 weeks. (I cant remember which one). as stated by the OEA (Ontario Employment Act)

LDB

You can receive up to a maximum of 26 weeks.
In the case of termination without cause a good lawyer may be able to get you up to one month for each year of service.

You might want to try Lawyer - Shane Smith 905-415-6728 - works for a large law firm (Miller Thompson) that has the lawyer that wrote the employment law text for Ontario. Shane is a more junior member, (therefore a slightly cheaper rate) but has access to the expert if needed.

 

[keeferz]

I think you are confusing severence pay with termination pay

http://www.gov.on.ca/LAB/english/es/factsheets/fs_termination.html

the government spells out the minimum, but people have usually been getting more

 

[Perry Mason]

Actually, in Ontario, the minimum severence would be one week for every year of service.

Just to clarify.

That is the Employment Standards minimum and applies to all employees, salaried or hourly rated. But management and executives have additional rights and that is where the 1 month per year of service rule applies.

Perry

 

[The Shake]

Just to clarify.

That is the Employment Standards minimum and applies to all employees, salaried or hourly rated. But management and executives have additional rights and that is where the 1 month per year of service rule applies.

Perry

Given that the company employees fewer than 50 people, does that apply?

 

[danmand]

Get a good lawyer, that specializes in employment law. From what you write, you have been fired without cause. To fire someone with cause, except in criminal offence cases, the employer has to give written notice of shortcomings and give you time and opportunity to remedy the complaints. That is not likely to have happened in your case.

Now, for firing without cause, you generally can negotiate much better that the labour code minimum. In deciding on the length of severence pay, the courts basically looks at how difficult it will be for you to find a comparable job at comparable pay. Therefore, your severence is longer,
1. The more responsible position you had
2. The older you are (over 50 makes it hard to find a job)
3. The higher your compensation is.

 

[n_v]

Sorry about your situation TT. Perhaps you could speak to Jacques Martin for some advice?

 

[holden]

walk it off?

 

[pineappleguy]

The same thing happened to me 2 months ago.

FWIW, if the company is shrinking as you indicate, you're probably better off somewhere else. Take a minute and lick your wounds, then pick yourself up and take this time to find a better opportunity that you could have found otherwise.

 

[H4P]

Does bangin' the bosses wife qualify as "cause"?

later,
h4p

 

[tom tomas]

What if he had a signed contract?

No contract.

 

[tom tomas]

Sorry about your situation TT. Perhaps you could speak to Jacques Martin for some advice?

Hey n_v, Who is Jacques Martin?

 

[Keebler Elf]

In Ontario they have to pay:

1) Termination pay in lieu of notice and

2) severance- severance is one week per year of service ( minimum five years service) up to a maximum of 26 weeks.

People are confusing the two.

Termination Pay: This isn't really what people think it is. You are not entitled to termination pay when your employment is terminated. You are entitled to "Notice." For someone with more than 8 years of service, this notice period is 8 weeks. Employers usually provide payment "in-lieu of notice" which is what people mistakenly call termination pay. Basically, pay in-lieu means the employer pays you for the notice period but you don't have to show up for work. However, an employer CAN choose to have you work the notice period at your normal rate of pay; in such a scenario there would be no "extra" payment. If you quit, you give up your notice period and receive no further payment (interestingly, employees are legally required to give notice when they intend to quit, but it is very rare for an employer to take an employee to court for quitting without notice).

There are mitigating factors that can increase/decrease the amount of notice that employees are entitled to (this is especially true for management employees). A good employment lawyer can tell you more.


Severance Pay only applies if the employee (EE) has been with the employer (ER) for 5 years or more AND:

a) "the severance occurred b/c of a permanent discontinuance of all or part of the ER's business at an establishment and the EE is one of 50 or more EEs who have their employment relationship severed within a six-month period as a result,"

OR

b) "The ER has a payroll of $2.5 million or more."

If severance applies, it is 1 week per year of service.


My advice is to seek counsel. The fact that you're in Pickering may mean other sources of employment in the area are limited and this could affect your notice period entitlement (your age is another factor). Your ER seems to know the rules and is "playing the game." He seems to be saying you're not a "good fit" which is the best way to get rid of someone that you don't want (short of finding cause for terminating them). He's also betting you won't want to face the costs of legal fees down the road. You need a lawyer NOW to make sure you know the rules as well and don't get ripped off.