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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99929
Experience:  Lawyer
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I live in Toronto, ON and worked travel company since

Customer Question

Hello i live in Toronto, ON and worked for a travel company since Jun'13.
My company offers overtime during the weekend but you don't get paid in lieu you can redeem the amount for your own travel expenses. I bought a air tkt for myself n my family on my credit card for travel next year in Feb'16to India. Since my vacations are not confirmed I was scared to put my correct dates therefore I put wrong datres and destination to claim my overtime which is called as Work now Travel Later.
Due to this my company has terminated me for a reason of dishonest conduct, and the termination is without payment,or notice in lieu thereof and also my annual bonus is also not paid.
Can you help with this?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

When you say help are you asking for information or for a lawyer to act for you?

Customer: replied 1 year ago.
well i want the lawyer to file for me but I cannot pay you upfront but I will pay you after I get my money back from my employer.
Expert:  Debra replied 1 year ago.

The lawyers on this site cannot act for you. I can suggest how to find a lawyer or explain the law.

Customer: replied 1 year ago.
Here is my situation I cannot pay you now and I can't afford to pay with my credit card either unless I get a satisfactory response.
Customer: replied 1 year ago.
what are your suggestions?
Expert:  Debra replied 1 year ago.

I am not sure what you are expecting but I cannot afford to work for free. Would you rather not go ahead. All I can do here is explain the law and suggest options you may have.

Customer: replied 1 year ago.
i did mentioned to you I will pay you once I get my money back.
Rest is your choice.
Thanks
Customer: replied 1 year ago.
I will appreciate if you explain the law and suggest some options for me plz.
Customer: replied 1 year ago.
will you give me some information about the lawyers.
Expert:  Debra replied 1 year ago.

This has nothing to do with paying me. You cannot pay me. I cannot be your lawyer. This is about the site paying me. The site will pay me if you rate me positively. So I expect that you will do that once we are done if the answer is satisfactory to you.

Here is the law:If an employer wants to dismiss and 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

I hope that helps as a starting point.

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