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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 98052
Experience:  Lawyer
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I was fired from my job two weeks before Christmas by email

Customer Question

I was fired from my job two weeks before Christmas by email while on vacation. My employer also talked about my firing with fellow employees and even asked if they felt he should bring me back. Is this legal ?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

I'm sorry to hear this.

What province are you in please?

How long did you work for the employer for?

How much pay in lieu of notice is the employer providing you, in weeks or months?

Customer: replied 1 year ago.
I live in British Columbia and was with this employer for nearly 3 years . I was fired November 13th, then rehired November 14th when they admitted they made a mistake. While on holidays they informed me that I did not have enough holiday time banked up so I asked if I could have my two weeks severance for being fired to make up for the holidays. They responded with a firing . I received two weeks pay. The reason for firing only says dismissal. While in Ontario my wife was very distressed and needed to see a doctor as did I having high blood pressure and losing sleep . I feel like my privacy rights have been violated.
Expert:  Debra replied 1 year ago.

There isn't any thing you can do about the fact that your employer is a thoughtless person. The employer does not have a legal obligation not to discuss you with the other employees. However, if he actually lied about you to the others and this caused damage to your reputation then you could sue for defamation.

But, you do have grounds for suing for wrongful dismissal. Two weeks notice is insufficient after a three-year work period. Courts will not apply the minimum standards when you worked there for three years rather, the law is that you are entitled to receive reasonable notice or pay in lieu of notice.

Generally, in determining what is reasonable notice Courts look at several factors including the length of time you worked for the employer, your age, your position, the likelihood of finding new employment etc.

At the high end, if you were in a managerial position, the Court would likely order one month's notice or pay in lieu of notice for each year of employment. If you were not in a managerial position the Court would order somewhat less.

Customer: replied 1 year ago.
technically I have no grounds here ? Just one more weeks pay ? He told them he was afraid I would kill myself which is not something in my life I would ever consider . No I was not in a manager position I am 29 with a wife and 10 month old son in a small town where work is scarce and it is the holiday season...
Expert:  Debra replied 1 year ago.

I don't know why you are saying just one more weeks pay. I was talking about months not weeks. After three years if you were a manager you would get three months pay but because you are not a manager doesn't mean you get three weeks pay. I do think you should see an employment lawyer face-to-face at this point. I think you have grounds for demanding many more weeks pay.

Customer: replied 1 year ago.
Thank you so much for your help. I really appreciate your help. That's what I will do .
Expert:  Debra replied 1 year ago.

You are very welcome.

I'm so sorry this happened to you and I hope you have a good holiday and things work out.