Legal Problem at Work

[Iluvsc's]

Basically my employer has suspended me without pay pending an investigation.
I'm being accused of committing a crime in the workplace. I'm innocent and didn't do anything.
I've been off of work for well over a month now and it doesn't seem like this is going to end anytime soon.
I have met with Human Resources at work on several occasions now. They have assured me that they would talk to my boss and get the findings of the investigation and give me a decision. To the best of my knowledge no meeting has taken place and I feel they are just giving me the run around.
Initially I thought I would be off of work maybe a couple weeks at most but this has taken a lot longer than I thought.
Asked my employer it I could get my ROE so I can apply for E.I. and get back some of my lost wages.
Surprisingly they would not give it up. I have since applied for E.I. and a request for my ROE has been sent to my employer from Service Canada.

To me it seems like my employer would rather have me quit my job and move along quietly rather than having to render me a decision.

So just have a few questions as some of you may have been in or know someone who has been in this situation before.

Should I consider lawyering up? Spoke to one employment lawyer recently and buddy wanted three hundred bucks to do an initial consultation. Geez.
Is a month long investigation reasonable here? How long does it take for it to be unreasonable?
Would I have a case for Constructive Dismissal yet?

Anyways any comments or suggestions are welcome.
Thanks for reading.

 

[JohnHenry]

Have you been charged with a criminal offense?

 

[wazup]

Ministry of labour

 

[Ref]

Sounds like you are in for a messy battle - Get a good labor lawyer and be prepared to dish out a few dollars ($300 is a start, they may want a retainer).

Remember that you will need to work somewhere in the future and you better ensure that your past is clean.

But most of all, get a professional to handle your affairs (I'm sure a few folks here know some really good labor lawyers).

Good luck!

 

[fuji]

I'm being accused of committing a crime in the workplace.
....
Should I consider lawyering up?

Yes.

 

[canada-man]

is that libel?

 

[fmahovalich]

You can be let go from any job....any time...with any reason.

They only have to establish a severance amount.

the suspension is another layer...and of course you can be suspended or fired!

you do not comment on the allegations....if they are true....criminal? Civil?

Not sure it really matters. If its gone to the police that's one thing. But he does not have to prove a criminal offense like they do in criminal court.


if he has cause...and only you know that.....you are gone!

 

[Iluvsc's]

Hire a lawyer. Yes you have a case for constructive dismissal, unless they have found something.

It is hard to say more without knowing the kind of work you do? the length of time you have been there? or what it is possible they could be investigating you for?

Did you use a work computer for TERB or related activities?

I'm an admin assistant and have been there for almost three years now. No it's not for TERB or related activities.
They are investigating me on suspicion of fraud. They have no evidence whatsoever on me. They won't find anything because there is nothing to find as I didn't do anything.

 

[Iluvsc's]

Have you been charged with a criminal offense?

No I don't believe they have involved police at this point.

 

[Art Mann]

The sooner you put a lawyer to work for you, the sooner you get out of limbo.

 

[Iluvsc's]

Remember that you will need to work somewhere in the future and you better ensure that your past is clean.
Good luck!

I have never been in trouble with the law before.

 

[Bobzilla]

First, go here:

http://www.lsuc.on.ca/faq.aspx?id=2147486372

If you use this service, you'll get a free consultation. I recommend going into that meeting with some very specific questions for the lawyer.

It sounds like a constructive dismissal. I'm not a lawyer, but I have some experience in this area. I recommend that you get a lawyer asap. Good luck.

 

[thumper18474]

They have to spell it out exactly why you are being treated this way....
my guess is they are trying to build a case ...and hoping you will just fade away...if they had any hard evidence it would have been presented already.....by not giving you the reasons(specifically)..they are covering their ass incase the allegations don't pan out....cus you can go after them in civil court...for all sorts of reasons...
I agree...get a labour lawyer...

 

[Bobzilla]

If that is the case .... even for constructive dismissal the most you have a case for is three months salary. I would use the Dept of Labour or some other less expensive route as you don't have a lot of money tied up here; however, I would try to clear your reputation.

You can always try a placard or poster to carry up and down the street in front of their place of work until they settle with you. You have to find a way out that does not involve quitting as they at least owe you two to three months severance unless they just laid you off in the beginning; however, it is too late for that now.

Labour Board is a waste of time since he hasn't been terminated at this point; remember, they refuse to give him an ROE.

Picketing them is only giving the employer cause to terminate him & accomplishes nothing.

 

[Ceiling Cat]

Get everything in writing, the reason for suspension, who it is that is making the accusation, the proof they have against you. Get to a lawyer as quick as you can. Do not talk to your company without your lawyer. Sometimes companies have to downsize and they use these tactics to clean house. There was a big company in the aviation field a few years ago that fired several hundred people for surfing porn at work. Some people that were not fired also surfed porn but were not fired. I suspect they knew that everyone surfed porn but only shot the ones that they did not need.

 

[SchlongConery]

You simply cannot handle this by yourself. Not even if you were knowledgable in the field of employment law.

The allegation against you is serious and has long term repercussions.

GET A LAWYER.

 

[basketcase]

The suspension without pay seems problematic. I've know of cases where there was a suspension with a criminal investigation and they were still paid until the case was resolved. It would be one of the questions I would definitely ask a lawyer about.

 

[CapitalGuy]

The suspension without pay seems problematic. I've know of cases where there was a suspension with a criminal investigation and they were still paid until the case was resolved. It would be one of the questions I would definitely ask a lawyer about.

Ya even the killer Colonel kept drawing a salary until he was convicted. WTF? I thought suspension with pay was the norm, pending the results of any investigation or legal/internal disciplinary action.

 

[SchlongConery]

Hey I think we're being had!

http://www.thesmokinggun.com/documents/baby-slapped-on-plane-571923

 

[explorerzip]

Definitely need to talk with a legal professional on this matter. The previous link for the Law Society of Upper Canada should be your first stop. I do believe there is a pro-bono (free) service you can access, but don't know its effectiveness. At least, you can get a professional opinion before taking action. I do believe there is a time-limit i.e. statute of limitations for when you can bring a claim against your employer. You can delay to get proper legal advice, but you can't wait forever.

If it's a public company, then they'll probably go back and forth with your lawyer for a bit before finally settling with you. Most public companies don't want to drag out legal issues especially for ordinary employees since they couldn't be bothered and don't like the negative press. Had a friend that was fired for just cause and the company had evidence, but they settled once an employment lawyer got involved. Smaller firms might get cocky when dealing with term'd employees though.

When you start getting into the executive level, that's when the real legal fun begins like when CN went after its former CEO for contract breach.