Does an employer have a duty of care responsibility to employees, ie that they will provide a reasonable work environment, work expectations, appropriate training and support to new employees? After 2 months I have been terminated from a management position, with no reasons given for the termination. This termination has been absolultely devastating to me. I am quite confident that i could demonstrate that the employer failed to provide an environment, expectations, training, and or support that would have reasonably met even a minimum standard as would be necessary for an new employee to succeed. Can an employer be sued for damages if they failed to meet a reasonable standard of care or committment even to a new employee. I feel like I was quite disposable, and this has significantly affected both my mental health and placed my financial stability at significant risk, since I do not qualify for severance?
State/Country relating to question: Canada
I have written to the employer to describe the wokplace factors that contributed to my lack of success. I have asked to negotiate a reduced role at a reduced salary level. They have not responded.
also due to systems issues which the employer failed to resolve, I was prevented from enroling in the benefits program to which as per my termination letter I still have entitlement to to month end. this has been ignored also. I work for a huge employer in the employee wellness and benefits fie
Unfortunately the first three months of employment are considered to be probationary.\
For this reason you can be dimissed without just cause and without any notice.
I understand that completely, but that does not speak to the question I asked. When an employer hires an employee is there an inherent or implied responsibility on the part of the employer to provide a workplace environment, and appropriate training and support, to meet a standard that would be considered necessary for the employee to be successful. And if it can be demonstrated that they failed to provide that, and an employee is terminated can they be held accountable for the impact of that termination on the employee. What if there are employment circumstances that are not shared with the employee prior to hire, that if known by the employee prior to hire, would resulted in their not accepting the position, and then the employee is subsequently terminated, where those factors played a role in the termination?
If you can prove that you were mislead and as a result you suffered damages it's possible to sue successfully.
But you would have to prove that this is the case and that the damages you are claiming are both reasonable and foreseeable.
Employers do owe employees a duty of care but this will not factor into any claim for wrongful dismissal during the probationary period.
My offer letter referred to an offer of "permanent full time" position, with no reference to probation anywhere in the letter. Does a probationary interval still apply?
My offer letter states I am being offered a "permanent full time position" and there is no reference to probationary period. Is there still a probationary interval even if not stated? Also there were very key details of the circumstances of the position that were not disclosed, that would have impacted my decision to accept. there were not misrepresented per se, but withheld. Is it possible that that could meet the test for misleading. this has had a huge impact on my career, given my age and the profile of the employer. My career prospects are severely limited and the emotional and financial impact of the employers calous disregard for me is significant, especially since they are a very large employer in the employee health and wellness field.
There is an implied probationary period.
But based on your facts and the serious nature of the consequences to you I suggest that you do consult with a local lawyer with a view to considering your options.
What you can do to find a lawyer is one of the following things. You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free. Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community. Here's the link to their website: http://www.lexpert.ca/Directory/DirectoryContent/FindLawyersOrFirm.aspx