I was fired last Thursday without prior warning. The physician…

Question

I was fired last Thursday without prior warning. The physician I worked
exclusively for came into my office, closed the door and proceeded to tell me we
weren't a "good fit" anymore. There were untyped letters and that was the bulk
of his reason but that is not what he stated he just kept saying "we are not a
good fit". By the end of our conversation he couldn't say the words "you're
fired" in fact he said "You don't want it on your record you are fired, why
don't you just quit - I know you have another job." I told him that was untrue
that I didn't have another job and then he stated "well I know you are unhappy
and ever since you were interviewed for the job with the stroke network (I did
interview for a job at the same hospital and when it was 99% sure it was mine
they called him for a reference but in the end chose another candidate) - I told
him that I wasn't going to quit as I had no reason to and therefore I wasn't
going to tender my resignation. I questioned whether he was expecting me to work
a two week notice; he asked for a comprehensive list of all items in the office
and where he was to find charts, paperwork etc; he asked me if I wanted to work
on the following day and I told him I would in order to prepare properly the
list he wanted and to leave the office in good shape; he said "okay" then went
to his office made a phone call and came back stating "I think you should finish
tonight. How fast can you get out of the office but I still want that list". I
made arrangements for a ride within 40 minutes and he said "okay". I packed my
personal items leaving my boxes and bags open for inspection should he want to;
I turned over my keys and had already sent him a 10 point email with important
office items on it; he came back in the office to look around and also stated "I
won't say anything bad about you and I expect you will do the same for me?" I
told him I have never spoken ill of any employer and wasn't going to tarnish my
reputation by talking about him. He said "I know you don't likely feel like it
but.... and then he held his arms out and he motioned to hug me upon my exiting
the office and I declined that and left.

I went home and did remotely erased my voice message from the phone system and
then when trying to log back in it seems something happened to the password
XXXXX I was unable to access the phone anymore.

Now he is talking to my colleague and has made statements like "she is trying to
sabotage my practice" He had our confidential shredding company come and open
the bin of documents so he could retrieve what I had discarded that night which
were simply items that were no longer needed and had no relevance to the office
any further. He felt I was throwing items out that were harmful or that again I
was sabotaging his practice. He has accused me of "probably erasing patient
appointments in our booking system or she likely erased the whole hard
drive"...all these statements are totally absurd and totally wrong - I would not
be or never have been a vengeful person and my colleague told him that he was
being ridiculous.

BotXXXXX XXXXXne, I just want my two weeks severance in lieu of notice, my
record of employment and to be done with him but, so many people have been
telling me this is basically wrongful dismissal. I am not likely to follow
through with anything as I am not the kind of person to seek this type of
retribution but I will say they have raised certain points and I wonder legally
where it will stand with (a) me erasing the phone message and (b) I don't want
him casting these negative statements about me.
Sincerely,
MaryLou McKay

Debra · Accepted Answer

Debra Thal (username) :

How long have you worked there for?

Debra Thal (username) :

How much pay in lieu of notice did he offer?

JACUSTOMER-ql1f1mh3- :

i have worked for him for 1 & 1/2 years; he offered nothing to me - not a
mention of any pay in lieu of notice

Debra Thal (username) :

Did you ever get any written warnings before?

JACUSTOMER-ql1f1mh3- :

none - in fact my one year employee review was stellar

JACUSTOMER-ql1f1mh3- :

as an aside, I had just been absent from work for 3 days as I was ill with
gastro and had maintained constant email with him and offered to check the voice
mail from home and stay on top of patients phone calls; he declined me doing
that and kept emailing me to take the entire week off if necessary. I declined
that and only took 3 days and returned with a physicians note from my family dr.

Debra Thal (username) :

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 you should consider a claim for wrongful dismissal
and seek damages from your employer.

Generally the damages would be equal to what you would receive had you been
dismissed without cause. If that had been the case you 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 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.

What you can do to find a lawyer is one of the following things.

You can contact the Law Society and use their Lawyer Referral Service. You will
be given the name of a lawyer and can consult with the lawyer and the first half
hour will be free.

Or you can check on a site called lexpert. This is a legal directory of leading
lawyers and law firms throughout Canada and is well-respected by the legal
community.

Here's the link to their website:

http://www.lexpert.ca/Directory/DirectoryContent/FindLawyersOrFirm.aspx
[http://www.lexpert.ca/Directory/DirectoryContent/FindLawyersOrFirm.aspx]

As well, you can have the lawyer write this guy a letter demanding that he cease
and desist slandering you and indicating that if he does not you will have to
consider what your legal options are.

Let me know if you need further clarification.

JACUSTOMER-ql1f1mh3- :

one more thing - with regard to the phone issue and me erasing the voice message
- the HR rep whom I spoke with this morning asked me what happened to the phone
and I told her the same I have told you - she stated that there was some
question as to whether my erasing the message was in fact causing harm to
patients because when the phoned in there was no detailed message (it defaults
to a computer generated message stating you have reached the extension number);
she stated that patients called in and didn't know what to do. I reminded her
that the message was erased after 7:00 pm and who called in at that time - the
Dr. had rectified the message as of 8:00 the next day as he had my colleague log
in with the newly issued password XXXXX she recorded what he instructed her to
say. Does this sound like they have any reason to withhold severance because
there was no voice message and the existing password XXXXX work?

Debra Thal (username) :

NO.

Debra Thal (username) :

Even if you did that it's still not a reason to withhold any money at all.

JACUSTOMER-ql1f1mh3- :

and can he have me "barred for life" from working at that establishment? He has
made this statement to my colleague as well.

Debra Thal (username) :

That's a silly threat.

JACUSTOMER-ql1f1mh3- :

Thank you - you have just verified what I know in my heart and I am grateful
having had the opportunity to chat with you. I have had over 20 years of
experience working in the health care system and have the reputation for
providing excellent patient and customer care so I think my reputation will
continue to proceed me. Many thanks for your advice.

I was fired last Thursday without prior warning. The physician…

How JustAnswer works

JustAnswer in the News:

What Customers are Saying:

Meet the Experts: