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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100413
Experience:  Lawyer
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I recently was terminated from Ontario Power Generation

Customer Question

Hi I recently was terminated from Ontario Power Generation Nuclear.
I was on a medical leave (approx. a month or 2) my doctor signed off and completed all necessary paper work and filed with benefit company and employer. The paper was completed both times as per their request.
I was terminated Friday while on my medical leave due to the fact I was not following procedure. So I find this weird as I was given no notice verbal, or written.
I was also given 24 hours to attend a disciplinary meeting while on the medical leave and Management said if I did not show up I would be terminated as a job abandonment. I went to meeting and drilled with question for over an hour. I started to feel ill and ask to leave the meeting. I left the meeting and Friday I was fired.
Please help me I have never been in this position before and I do not know my rights
I will pay if I have to and I can be contacted 24 hours a day at***@******.*** or(###) ###-####
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Are they correct when they say you did not follow procedure?

Customer: replied 1 year ago.
I followed procedure and provided Medical Absent Reports that were provided by my attending physician.
Expert:  Debra replied 1 year ago.

And are they saying you are dismissed with cause or are they saying it is without just cause and they are providing you termination pay?

Customer: replied 1 year ago.
terminated with cause
Expert:  Debra replied 1 year 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 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.

So your next step should be to consult with an employment lawyer as soon as you can.

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.

The number is:

(###) ###-####(within the GTA)

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