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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101369
Experience:  Lawyer
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I was fired frommy job on Monday October 19, 2015 and the

Customer Question

Hello; I was fired frommy job on Monday October 19, 2015 and the company said I was terminated because I was warned before about missing time and my attendance must improve or else. According to their records I missed 12 days of work from January 1, 2015 thru to June 22, 2015 when I was suspended for 2 days. Since then I have missed 2.25 days of work according to their records and they say there has been no improvement in the last 4 months and that is why I was terminated. I wenr from missing 12 days in the first 6 months and only 2 days in the last 4 months. I would say that I have improved. Do I have a case to go back and try to get my job back ? Ross P. Munro
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

There is no possibility of getting your job back. A court would never order that.

If you can prove that the dismissal was unjust then you could get a court to award you damages.

You did improve. I can see that. If you showed them that you were sick for those days or had another reason that was bona fide then it may be that this could be a case of wrongful dismissal.

I suggest that you consult with an employment lawyer face to face as your next step.

If that was not a dismissal for cause you would be 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.

If the court agreed that this was wrongful dismissal that is what I court would order that the employer pay you. But you cannot get an order that gives you your job back.

I am sorry this happened to you.