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Alberta law non union workplace. A friend was called into…

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Alberta law non union workplace...
Alberta law non union workplace. A friend was called into the office where he was a social worker and was toldhe was being fired without cause(his contract allows for this) He was told he would receive $40,000 in a severance package andin exchange he had
to sign a waiver indemnifying them from any legal action. They escorted him out of the building and he went and received legal advice about the waiver. The CEO released an email after he was out of the building saying he retired for age and health reasons.
He returned to the office 5days later with the signed waiver and handed it in and received his check. They had a ten minute conversation and at the end of it they showed him the email about his retirement. Both reasons given are protected grounds under Alberta
human rights legislation and the content of the email was a complete fabricationHad he seen the email before signing the waiver he might have had second thoughts. Also after he left the CEO said he stopped by but couldn't stay to say hi because he had an illness
in the family to attend to. She then concluded the email by providing everyone with his phone number and email address. This email was alsoacomplete fabrication and she breached his confidentiality by supplying everyone with his personal information and inviting
them to feel free to get in touch with him. Will the waiver stand up to legalscrutiny and what can be done about the breach of confidentiality?
Submitted: 2 years ago.Category: Canada Law
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Answered in 1 hour by:
6/5/2015
Lawyer: Debra, Lawyer replied 2 years ago
Debra
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Has he asked the lawyer who gave him legal advice whether the waiver includes suing relating to a false email or just about the dismissal?
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Customer reply replied 2 years ago
Good question he has gotten some legal advice about the waiver but I don't think he gave his lawyer the details that he supplied to me. I had to make him go over those critical days about 20 times because he kept glossing over important details so I imagine he didn't do a great job of explaining the full ramifications of the incident to his lawyer. I did a lot of research into case law on the subject and I know his honor judge Sopinka set out a 7 point standard on validating waivers in a Supreme Court Ruling and when I first read the waiver it seemed airtight but it seems to me that the email regardless of the release date was not known to him at the time and only became known to him after the waiver was handed in and a waiver covers for indiscretions in the past but not for anything in the future.My reasoning is if you fire someone who is black and you tell them that is the reason and they give up the right to go to human rights by signing a waiver, you cant call him a ni**er tomorrow. I know a law suits time limit begins when you are aware of the wrong but didn't the discriminatory (or inflammatory) language regardless of the date of issue only occur to this person after the waiver was signed. The other issue (and I'm not trying to muddy the water here) but during a reference check that my wife was involved in(she was his supervisor at this job and had agreed to provide him with a reference) during the course of the questioning about his credentials they asked about his age and health problems (both protected under the act)seems suspicious in light of the emails, so the discrimination is ongoing(the person who asked about the age and health is presently being investigated by The AHRC. I guess the question I have and it relates to your response is........can you sue for a false email that infringes on you privacy and what would be your claim for damages (did appreciate your response by the way I'm meeting with him in the next couple of days and I'm going to scrutinize that waiver very carefully. He worked for a government office and they are being investigated by the AHRC already and One supervisor has lost her licence to practice for discrimnatory actions against another worker (failure to accommodate sort of case) There are 3 ongoing discrimination cases and the list keeps getting longer, 2 constructive dismissal and 4 breach of contract cases all from the same organization.I feel like I'm watching the Keystone Cops thats why I thought I might just ask an expert about this particular situation. Sorry to be so long winded
Lawyer: Debra, Lawyer replied 2 years ago
You are not long-winded but you are a caring friend.
Your friend needs to have someone review what he signed to see what rights he gave up. He may be able to sue for something that is not actually for wrongful dismissal. So he may be able to sue for defamation for example. He likely cannot file a complain about the dismissal with the Human Rights Tribunal though.
He could likely also file a complaint with the Privacy Commissioner but again first has to have someone read what he signed.
Because he did have independent legal advice it is not really likely he can get the document set aside but hopefully it is not too broad.
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Customer reply replied 2 years ago
Thank you excellent advice I will review very carefully what he signed. The first time I thoughtr it met all the standards set out by his honor judge Sopinka and I pulled 12 cases from CanLi (for and against to understand why the rulings went for some and against some) I'm extremely good at researching cases and understanding legaleze but the circumstances surrounding the false emails threw me for a loop I know he has no right to go to Human rights but speaking to the investigator fromAHRC they feel they can tie his former employer to his latest interview because they ask improper protected area questions that were almost word for word from the two emails.The AHRC believes the discrimination is ongoing and the prospective employer discriminated against him using information gleaned from the emails. But I know for a fcact the waiver prevents him from going to human rights for the actual dismissal and I also know from my research that a judge would rule $40;000 was generous. But I appreciate your well thought out advice and it lead me to new strategies I had not cosidered. Thanks again
Lawyer: Debra, Lawyer replied 2 years ago
You are very welcome. I hope this works out.
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