Legal Problem at Work

[Questor]

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.

Last time I checked, they charge a nominal fee, something like $50. The lawyer will give you something like half an hour to explain your situation. And he will offer his professional opinion. Based on what he says, you may decide to proceed with the case and use his services. At that point, you are back on the clock and it can get expensive. He may suggest that he write a letter to your employer and if you are lucky, that will get the ball rolling without him putting in too much time.

And while I don't have much knowledge of labour law, I would say you might be entitled to a few weeks of severance plus your lost wages while suspended. You might also ask the lawyer if you have any chance of recovering your legal costs in the settlement. As others have pointed out, there is also the matter of your reputation to clear up.

Good luck.

 

[explorerzip]

Might be helpful to know how long you were with with the company for. If it's just a few months, then it's probably not worth pursuing. If it's a few years (5 or even more) then it might be worth it to go after the company even with the legal costs. Bonus if you've got more than 10 years since you might be able to claim that you're going to have difficulty finding a new job because of your age. In terms of your reputation, you should also be able to stipulate in the settlement that the employer cannot divulge the reason you were terminated i.e. give a bad reference. I think most large companies do not give references any ways for former employees except for name, rank and serial number aka how long you were there, and positions held. I believe it's an HR policy designed so former employees don't sue for defamation.

When you get a new job, it's also worthwhile having a lawyer review the contract and possibly negotiate terms specifically termination with and without cause. One good detail from the article below: if the employer is pressuring you to sign the contract without giving you time to review it (including taking it to a lawyer) then you may want to think about if you really want to work there.

http://www.theglobeandmail.com/repo...now-about-employment-contracts/article560882/

 

[oldjones]

Are you able to make anything happen without a lawyer? It doesn't seem so from your account. On the other hand, once you get a lawyer, your employer will have to face their clumsy handling and inaction on your case and perhaps add the expense of their own lawyer to it. That won't make your workplace happy if and when they are persuaded/compelled to take you back. You need to decide for yourself just what you are after, given that the past cannot be undone: Your employer seeing the light and offering your old job back; the employer being forced to offer it, with you realizing taking it could be hellish but now you either tough it out or refuse and resign; a settlement with money and references so you can move on.

You might be able to accomplish the first or the last on your own. However you haven't yet managed the first, perhaps because they're hoping you'll go for the last. They may even be generous, to avoid having to expensively prove their accusation. But for number two you will certainly need legal help. You should look for a lawyer and discuss the options for settling and or fighting with her. But you need to focus on what you want that is possible after what they have done. Whether this comes down to winning or settling—that's all lawyers can do for you—it will not be the same as before this happened. Only you can decide what winning looks like, but sometimes settling is better.

 

[Samurai Joey]

While I'm no legal expert, given the serious allegations that your employer is alleging, combined with their behaviour, I would definitely concur with the other posters in suggesting you seek legal counsel.

 

[SchlongConery]

I wonder if, in addition to any normal severance pay, the "suspended without pay" period would be payable if no fraud were proven?

I do know that the courts really like to spank employers who act in the way the OP says they did. An open ended allegation of fraud, lax investigation, suspension without pay (essentially taking the employee out of the workforce with no income) etc.

 

[Keebler Elf]

Legally, there's no such thing as suspension without pay while pending investigation. You're either an employee or you're not. If they found grounds to justify a suspension without pay (i.e., after the investigation), then yes they could suspend you but you have the right to high an employment lawyer and challenge the suspension (probably cost more than the lost pay). Or you could quit and sue (again, probably not worth it for anything but a long suspension). It would look bad on the employer to have you sitting at home unpaid while they still hadn't even completed the investigation (i.e., you're guilty until proven innocent).

If I were the OP, I'd contact the Ministry of Labour (http://www.labour.gov.on.ca/english/feedback/index.php) and seek their advice. You can probably pursue a claim for unjust dismissal and seek damages for the time off work plus the appropriate pay-in-lieu of notice for termination of employment (1 week per year of service). You could sue for more but it won't be worth it unless you're a long service employee (10 years plus).

I wouldn't recommend waiting it out. Get some legal action going and force your employer's hand. Either they'll take you back and pay you for your time off, or the employment relationship is dead and you'll be entitled to pay-in-lieu of notice.

All this assumes they don't actually have just cause for termination. If they do, you're entitled to nothing.

Note: the rules are different for a unionized environment where the collective agreement determines what happens.

 

[shack]

Might be helpful to know how long you were with with the company for.

I'm an admin assistant and have been there for almost three years now.

Info was there.

 

[Perry Mason]

Definitely consult a lawyer. There is something going on here that just does not add up: suspension without pay prior to investigation to determine cause, if any, does not make sense.

As a rule of thumb, you are entitled to one month's salary for each year of service in the event of termination without cause. More if there are special circumstances such as high handed conduct by the employer or if the allegation of fraud is totally without merit. If there is no justification, you are also entitled to salary and benefits during the period of suspension.

And, as I never tire of saying, everything depends on ALL THE FACTS.

Good luck. From what you say, it sounds like you are not being treated fairly.

Perry

 

[explorerzip]

Info was there.

Thanks for noticing shack. Missed it since it wasn't in the first post.

Another thing is that the OP shouldn't try to get his old job back. For one, the employer already thinks you've been involved in fraud. Secondly, hiring an employment lawyer won't sit well with them. So even if you magically got your job back, they would make it hell on earth for you and watch you like a hawk. They'll make sure to make the allegations stick the second time and just terminate you again.

Get the money, run to a new job and don't look back.

 

[Petzel]

Been through something similar myself. It's very hard to prove constructive dismissal unless there are notes in your employment file that can be requested and investigated. Most employers know better than to keep anything in writing that could prove them liable. Also remember that corporations/companies have lots of money to spend on legal fees. You do not and they know this! They will drag this out as long as possible until you're broke and can't afford to continue.

 

[Petzel]

Thanks for noticing shack. Missed it since it wasn't in the first post.

Another thing is that the OP shouldn't try to get his old job back. For one, the employer already thinks you've been involved in fraud. Secondly, hiring an employment lawyer won't sit well with them. So even if you magically got your job back, they would make it hell on earth for you and watch you like a hawk. They'll make sure to make the allegations stick the second time and just terminate you again.

Get the money, run to a new job and don't look back.

This too. It's difficult to prove that they're making life intolerable for.

 

[Petzel]

Ministry of labour

They're useless. All they say is you're entitled to be paid for work and that's about it.

 

[Petzel]

The Law Society of Upper Canada has a lawyer referal service and they can find you a lawyer who will give you an initial free consultation.

 

[yung_dood]

I'll be going through this shit in the very near future it seems....

 

[fijiman]

Get a lawyer.

For constructive dismissal, I think this is a slam dunk. They've basically branded you guilty without evidence. You'll probably get a month per year of service (3?) + you'd get backpay for the period they had you "suspended without pay" (wtf??), and then you'll get UI after the 3 months pay ends.

But I think to pursue constructive dismissal you need to first quit, then sue (at which point I would expect the employer will cave pretty quick, unless they have evidence on you or they are small/badly managed).

 

[GPIDEAL]

Might be helpful to know how long you were with with the company for. If it's just a few months, then it's probably not worth pursuing. If it's a few years (5 or even more) then it might be worth it to go after the company even with the legal costs. Bonus if you've got more than 10 years since you might be able to claim that you're going to have difficulty finding a new job because of your age. In terms of your reputation, you should also be able to stipulate in the settlement that the employer cannot divulge the reason you were terminated i.e. give a bad reference. I think most large companies do not give references any ways for former employees except for name, rank and serial number aka how long you were there, and positions held. I believe it's an HR policy designed so former employees don't sue for defamation.

When you get a new job, it's also worthwhile having a lawyer review the contract and possibly negotiate terms specifically termination with and without cause. One good detail from the article below: if the employer is pressuring you to sign the contract without giving you time to review it (including taking it to a lawyer) then you may want to think about if you really want to work there.

http://www.theglobeandmail.com/repo...now-about-employment-contracts/article560882/

The OP said 3 years.

I would definitely hire a lawyer. These fees related to employment are also tax deductible.

They are hoping you'll fade away. Be tough. You have your reputation to protect. Don't be bullied by the asshole boss.

 

[alwayswantto]

File a claim with the Ministry of Labour - your employer will still need to have their lawyer deal with the ministry and that costs them money (and this costs you no money). Get an employment lawyer (a decent one will expect a fee to cover the initial meeting - the 300 quoted is reasonable). This will cost the employer even more money (and you, but a good lawyer should get you your severance plus their fees). Lastly, and obviously I don't know anything about you, but are you able to file a claim with the Human Rights Commission? If you can go this route, again it won't cost you anything, but the employer will also have to deal with it. So you hit them from 3 sides and their lawyer fees start racking up very quickly. They'll cave pretty quick.

 

[Perry Mason]

As I said, go see a lawyer. Don't take anyone's advice here, not even mine.

From what you say, you are in a very good position. But you need a professional to guide you in handling it properly. In this type of situation it is very easy to convert a pot of gold into a pile of shit if you don't know what you are doing.

Perry

 

[SchlongConery]

As I said, go see a lawyer. Don't take anyone's advice here, not even mine.

From what you say, you are in a very good position. But you need a professional to guide you in handling it properly. In this type of situation it is very easy to convert a pot of gold into a pile of shit if you don't know what you are doing.

Perry

Excellent advice.

 

[Anynym]

The EI claim will be telling: if the ROE indicates termination for cause or voluntary (on the part of the OP), no EI will be paid. I can't even begin to guess what other scenarios might be; there are many.