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Legal Ease
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Category: Canada Law
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My nephew was fired from a tech job in Quebec yesterday

Customer Question

My nephew was fired from a tech job in Quebec yesterday after ten years and one month service. He was told he would only be paid for time owed and vacation pay. He was fired because he was not selling enough cell phone plans. What can he do to either keep his job or get a better severance package. I suggested he ask for a reference from his employer.
Thank
Submitted: 4 months ago.
Category: Canada Law
Expert:  Legal Ease replied 4 months ago.
Are they saying that he is being dismissed for just cause?Has he ever received written warnings that if he does not improve he will be dismissed?
Customer: replied 4 months ago.
They are saying he is fired for not making his quota.
He just told me that he has not received any warnings etc in writing.
He works, in Quebec, for The Source, (owned by Bell Canada).
Thank you.
Robert
Expert:  Legal Ease replied 4 months ago.

On is Record of Employment what does it say in terms of the reason for the dismissal? Can you find out or find out what code they provided?

Customer: replied 4 months ago.
He has not yet received his separation slip. So I do not know the reason for his dismissal.
Thank you,Robert
Expert:  Legal Ease replied 4 months ago.

If an employer wants to dismiss an employee for cause the employer is required to provide the employee with written warnings, unless the employee`s conduct is so extraordinary that immediate dismissal is warranted.

As this was not the case then your nephew should consider a claim for wrongful dismissal and seek damages from his employer.

Generally the damages would be equal to what he would receive had he been dismissed without cause. If that had been the case he would have been 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 your nephew worked for the employer, his age, position, the likelihood of finding new employment etc.

At the high end, if your nephew 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 he were not in a managerial position the Court would order somewhat less.

Does that help as a starting point?

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