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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
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Experience:  25 years in practice
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I have been an RN with a company for 8 years. I do home nursing.

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I have been an RN with a company for 8 years. I do home nursing. I was to do a training visit for a medication for MS. I went there approx 30 minutes late - the lady refused the visit. this specific medication when I completed the paperwork on another client about a year ago it was torn apart, so I did a rough copy 2 days before with the info they were looking for. Well I accidentally faxed this paperwork to them with some other paperwork. When I noticed what I did I spoke with the manager. Prior to myself getting involved with this client another nurse had been trying for a week with no luck. Now this has become a he said she said - as this lady states I was not there. I am fully aware that the company follows up with these clients for about 6 months to ensure they are not having difficulties giving med. I am currently suspended, and there is talk of me being terminated. We are not unionized. The only thing I am guilty of is faxing the wrong paperwork. I have always been a good employee with no issues. I have also been working many hours overtime for the last 8 years and have not been paid for it. Do you think I need representation? Right now I am just dealing with management and Human resources.

Tom Law :

Hello

Tom Law :

It sounds like you are getting the wrong end of the stick. Faxing the wrong paperwork is not a dismiss for cause type of offence. Unless you have a file of previous warnings and problems, long term employees are entitled to make mistakes and to have rehabilitation.

Tom Law :

There are two types of laws at work here. Statute and Common Law.

Tom Law :

Under statute, you are entitled to your overtime. Keep track of it. Most employers do not keep track of overtime they do not intend to pay anyway. So, your records will have weight.

Tom Law :

Here is a link to the government body who will collect for you......

Tom Law :

http://www.labour.gov.on.ca/english/es/

Tom Law :

Under statute, you are entitled to your overtime. Keep track of it. Most employers do not keep track of overtime they do not intend to pay anyway. So, your records will have weight.

Tom Law :

Alas, while you cannot be fired for making a complaint, often employers do retaliate so employees with a job have to consider their options.

Tom Law :

If you are dismissed, you would be wrongfully dismissed under the Common Law. Common Law is judge made law based upon precedents. Depending on the facts, you could be owed one month of pay (plus averaged overtime) for each year of service. This involves a law suit of course but if they consult a lawyer, they may at least make an offer.

Tom Law :

If you have an HR department, likely the business is large enough that they should know the law. They probably hope employees do not.

Tom Law :

FYI, here is a link to the entire Statute.

Tom Law :

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_00e41_e.htm#BK34

Tom Law :

The Common Law is a bit more complex as it takes reading other cases with similar facts. But, in general, my opinion is that what you have described is a mistake that is likely not to repeat as opposed to an employment offence (insubordination, theft, etc) which attracts immediate dismissal.

Tom Law :

Here is a link to the Lawyer Referral Service. If you call and ask for employment lawyers who act for employees, they will give you names of lawyers who have agreed to consult initially at no cost. This is where facts can be discussed in detail.

Tom Law :

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

Tom Law :

For now, all you can do is wait and see what happens. At least you have some tools to keep your options open.

Tom Law :

If you need more information, please ask. Otherwise, please rate my answer well for considering the problem.

Tom Law :

My best,

Tom Law :

Tom

Tom B. and other Canada Law Specialists are ready to help you
Hi.

Any news?

Tom

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