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Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3360
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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I worked with a company last 13 yrs and they let me go

Customer Question

I worked with a company for the last 13 yrs and they let me go without cause in February 23rd, 2016. I have gone though negotiations but with not much results - they offered 12 months salarycontinuance with 50 percent salary retention if I find another employment. I did not take this offer.I was on med leave from April- Oct 2013 due to harassment. When I returned to work they let accomadated me. Again in August 19th to Sept 15th, 2015 I was on medical leave for workload stress. Between 2013 and 2014 they changed my job description and increased my pay by 2k.I was on graduated return to work until Dec 2015. They let me go on Feb 23rd 2016.1)What can I sue them for? What possible areas can I sue them for and what is the maximum amount I am eligible for under each of those areas?2) How long could it take to settle this and the what cost should I expect.3) I also wish to ask to full payment of legal fees - is this reasonable?4) after suing can I also ask for a good reference as part of the settlement?
Submitted: 4 months ago.
Category: Canada Law
Expert:  Ulysses101 replied 4 months ago.

Hello, thank you for the question.

Can you tell me more about the nature of the job, and the salary?

Have you had any legal assistance so far?

What didn't you like about their last offer?

Customer: replied 4 months ago.
I was the senior financial analyst,$93k/yr.
Yes, had two lawyers back to back for negotiations.I would like to have 14-18 months without any clause in relation to other income and damages for impacting reputation (how much? Can I claim for each category), to health and mental stress, bad faith conduct by employer, front and or back pay when the lawsuit is filed
Expert:  Ulysses101 replied 4 months ago.

I think that what they offered last is pretty reasonable.

What did your last lawyer say about it?

Customer: replied 4 months ago.
He mentioned he could get 14 months and the employer verbally agreed but the employer does not seem to send us a written commitment on the offer discussed. Thus, I am running out of time to file for the stress I suffered last year ( went on stress leave on August). The employer seem to be playing for time to pass off the Statutory period to file . My lawyer sent many Emails to them but without any response.Please elaborate on what steps I can take and what damages I can claim. Thanks
Expert:  Ulysses101 replied 4 months ago.

Frankly, I don't think you have much of a case for more than has been offered. If you want to pursue this you should definitely get a lawyer to help you with it, since when you start bringing lawsuits then you open yourself up to costs liability.

You can ask for the other side to pay your legal fees, that's a common request in any suit.

I don't know how good of a reference you'd get if you sued them for everything imaginable. If you agreed so something close to what was offered outside of court you could ask for the reference. I assume that you don't yet have work lined up yet, if that's an issue.

Is there anything that makes you think you're entitled to all these damages? I know that this isn't what you want to hear, but I'm getting the impression that you think that bringing these claims will put you in a stronger bargaining position. That's not always true.

Customer: replied 4 months ago.
I understand, but for the 2013 harassment and the 2015 stress I endured, what can I sue them for, if i chose to go that route
Expert:  Ulysses101 replied 4 months ago.

What damages did you suffer as a result of their actions?

What are you out of pocket? Any permanent loss?

Customer: replied 4 months ago.
Regardless of reference fm employer, I wish to know under what terms can I sue for pay disparity (in comparison to coworkers), harassment, work overload stress which left me with anxiety (but no medication) during employed days and I still feel stirred up by those events, .the 2010-2013 harassment issues which seem to have a lasting emotional and self esteem effects.
Expert:  Ulysses101 replied 4 months ago.

You are going to need a lawyer to make those claims effectively. You are asking me how to make a complex claim. I'd need all the facts, and that's beyond my purview anyway.

I get the feeling that I am not being much help. I have told you that 14 mo ths is a good offer. You can ask for that to be firm, regardless of new employment, and you can ask for extra for legal fees too. You might find that they draw the line at some point, then you have to make a decision.

If you have other claims about wage disparity and clinical anxiety, I hope you have evidence and your employment contract to go over with your lawyer.

Anything going else to discuss?

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