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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 97514
Experience:  Lawyer
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I was denied a promotion and the manager told human

Customer Question

I was denied a promotion and the manager told human resourses the reason I was denied was because I was competent and that is untrue ,I have never had a incident or been wrote up ,the manager also stated the reason I wasn't in the position was when I worked in the higher position during the winter,I was demoted because of my incompetence again untrue the project is busier in the winter in the summer were offered a lower position if we want to stay working or accept a lay off until winterization begin's,I believe this is a clear case of defamation,I am now off work for stress.
Submitted: 7 months ago.
Category: Canada Law
Expert:  Legal Ease replied 7 months ago.

How long did you work there for?

Are you in a union?

Customer: replied 7 months ago.
1& 1/2 year's,yes it's a union but there's nothing they can do.
Customer: replied 7 months ago.
I have never had anything in my file questioning my ability,the manager is saying this without any basis.
Expert:  Legal Ease replied 7 months ago.

Why does the union say there is nothing they can do?

Customer: replied 7 months ago.
They say the contract state's management has the right to manage,the person placed in the higher position is a personal friend of the general foreman.
Expert:  Legal Ease replied 7 months ago.

It is not managing when the person is unfair and lies about your employment record.

I suggest you tell the union that they owe you a duty of fair representation and that you require them to represent you fairly since you cannot sue the employer yourself.

What you can do if the union won't help is bring a complaint against the for unfair representation and seek damages from them.

As well, while you cannot sue the employer you can sue the manager personally for defamation. If someone tells lies about you to others and this harms your reputation you can sue them for damages.

So it sounds like your next step should be to consult with a lawyer face to face and then decide how you want to approach this.

Does that help as a starting point?

Customer: replied 7 months ago.
Thank you,I will consult my business agent tomorrow,and if he won't help me,I will consult a lawyer.
Expert:  Legal Ease replied 7 months ago.

I think that makes a lot of sense.

I hope this works out.

If we are done please rate me before you leave the site so that I can receive credit for my work.

Customer: replied 7 months ago.
Thank you,you were a great help for me in this stressful situation and now I know the best way to pursue it.
Expert:  Legal Ease replied 7 months ago.

You are very welcome.

If we are done please rate me before you leave the site so that I can receive credit for my work.

I hope this works out.

Thanks and take good care.

Expert:  Legal Ease replied 7 months ago.

I was just thinking about our conversation and have been wondering if you have thought of any further follow-up questions for me.

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