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Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 2441
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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I need your advise. a little history, on Thursday I lost my

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I need your advise. a little history, on Thursday I lost my job I was packaged out. My package is for 10 weeks Jan 30th with benefits and the two week pay for Nov. 15th. I wanted to go to my Employment lawyer but he is $389 - not good as I am unemployed. So I thought I would send an email to my HR manager at PCC to do my own asking before involving a lawyer. My package is due to be signed for Nov. 14th this Thursday.

I need your help, the email below is just a summary of the past 2 1/2 years at PCC and what went on. Do I go this route on my own or do you think I should leave it to the lawyers. HELP ( I am to meet the lawyer Wednesday morning at 9:30 am)


Hi Nickey, hope this email finds you well. I wanted to touch base with you today regarding my employment package from PCC.
I reviewed my information the last couple of days and consulted with others as to contents of the package.

I wanted to contact you with my ask of PCC, before I proceeding with the possibility of involving my employment lawyer any further.

As the PCC package is fair, I feel I need to ask PCC to provide further compensation. I do have my reasons for this ask as I am sure you may (or may not) be aware of the past incident surrounding my medical leave in January 2012 for 16 weeks recovering from Meningitis. When I was in the hospital I was made aware that we did not have Short Term Disability (STD), but in our employee hand book it stated that PCC did provide for STD. In light of the situation of 2012 I was forced into using Employment Insurance and lost wages I was not expecting to loose. As you can understand at that time I was not in any shape to persue the matter further, until I was fully recoverd, and was told I should have been entitled to the STD, but the matter was always ignorned by PCC.

Then my position as EA to the President/CEO and COO was taken from me for no better reason than the fact that I was off on a Medical leave. Following this my rather unpleasant treatment of the past HR Manager and certain VP's in the organization surrounding my medical leaves due to my Mental Illness. Then there was a rather serious fall I took at the work place in the stock room on the 2nd floor ofXXXXX where I told PCC about this incident and nothing was done, it was not reported, in fact it was not taken seriously.

Nickey I feel at this time there may be more to discuss. If you would like we can sit down and discuss this further, as to the next steps. Please feel free to contact me as soon as possible so we can have this matter dealt with by Thursday, November 14, 2013.

I thank you for your consideration.

Paola Arci
Submitted: 9 months ago.
Category: Canada Law
Expert:  Ulysses101 replied 9 months ago.

Ulysses101 :

Hello, thank you for the question.

Ulysses101 :

So, you worked there for how long? What was your role and your salary? Is it a unionized workplace?

Ulysses101 :

And they've offered 10 weeks of severance pay? Does that include access to your benefits plan over that period.

Customer:

Good day, I have worked with PCC from February 2011 to Thursday, Nov. 7 2013.

Customer:

Hey offered me 10 weeks with benefits for that time period as well.

Customer:

No it is a non-profit organization no unions involved

Ulysses101 :

Generally speaking, that's a lot more than the statutory minimum, so it's not the worst ever. And there's little point in taking this to court for more since you might not get any more at all. I never recommend court unless it's likely to succeed.

Ulysses101 :

What are the job prospects like for you?

Customer:

I need to know if I send the email I prepared (I sent to you), to our HR manager, could I loose the whole package that has been presented to me. Will they see this email as a threat to legal action if they don't give me more money?

Ulysses101 :

You could. And you're entitled to take legal action if you wish, they know that. They aren't taking this personally, they want it over with.

Ulysses101 :

What are your job prospects?

Customer:

Your not really answering my question, I know I can take legal action, but I am asking if I should send the email I prepared or will it back fire on my. Should I just move on and sign the package I have. Or go ahead and ask for more based on my reasons in my email. I don't want to take legal action, I just want to have more money from them because of the past issues with the company.

Customer:

I have no job prospects, this just happened on Thursday. Not sure why you are asking this?

Ulysses101 :

Whether you're entitled to more money also includes your job prospects.

Ulysses101 :

Are there similar jobs available? Are you skills in demand? How soon could you get another job?

Customer:

I see, none at all at the moment. I haven't even started my search. Yes I am sure I could get another job, I am an executive assistant, admin skills are always in demand, but that said it's not easy to just get another job.

Customer:

It will take more time than the package time - I am pretty sure of that.

Customer:

The holiday season is not really a good hiring time for companies.

Ulysses101 :

You want me to tell you whether you should take the offer. I can't tell you that. I can tell you that you don't have a lot of bargaining power here, they are already offering more than they have to. Rather than get more money, maybe you should be getting a good letter of reference and their commitment that your severance will continue even if you find other work before it ends.

Customer:

They are providing a reference letter and the severance is for the full time period, even if I get another job, the benefits will be the only item to stop should I find other employment with in the package time.

Customer:

No I was asking more for advice on whether I should send this email I prepared or not.

Ulysses101 :

Then this is looking like a decent deal. You're entitled to try to get more, and there's no harm in asking, until you reach the point where they don't want to deal with you anymore. I have nothing against the email, but I don't know these people. You do. How are they likely to react? It's not a threat to say that you are going to see your lawyer, of course.

Customer:

That's true. Thanks for your assistance.

Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 2441
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment
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