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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101416
Experience:  Lawyer
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My question is as follows, I went through at work after my

Customer Question

my question is as follows, I went through hell at work after my supervisor was fired for almost killing himself, as well as me by going into an electrical panel with a miners wrench. this was caught on camera and he was terminated. however when he was how terminated it was handled incorrectly by my general foreman who told them that he was terminated and that a junior operator, being me was involved in the incident. as a direct result of this I was harassed put down and slandered. being called at rat, narc etc. etc. I documented everything that had happened. and brought it to our training department as I didn't feel going to HR was an option as it just proved to my co-workers were right and I was a rat. who then proceeded to take it too other people that got me moved off the crew I was working on but there were still rumblings and rumors being spread around my place of employment about being a rat/narc. also my personal lockout tags disappeared/ were defaced, my boots were cut. someone wrote things on my personal equipment locker. there were issues when I asked for help with things co-workers would not assist, or help me with anything and would hang up on me during while asking for help/support. I also had instances where aptitude tests were threatened because something was installed in the place while I was on vacation and was expected to know how to run and operate said equipment. then a few months ago i got hurt at work, and broke up with my girlfriend who was a supervisor at works daughter who told me that her dad was out to get and that as soon as i was back to work i was going to be terminated/ laid off from work. as of yesterday i was laid off, as her dad and one of the general foremen at my place of employment are close friends not only at work but outside of work also, however i was not the only person laid off there were others as well, it just seemed awfully suspicious that i was one of the first to be laid off.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

I am sorry to hear this.

Are you in the union?

How long did you work there for and how much notice or pay in lieu of notice were you given?

Customer: replied 1 year ago.
non union 3 years full time 2 weeks in lieu.
Customer: replied 1 year ago.
my package included 2 weeks of pay. my site incentive bonus of 6500. and if a signed a waiver saying i could never file anything against the company they would give me a another 7000. on top of it.
Expert:  Debra replied 1 year ago.

How many weeks pay is $7000?

Customer: replied 1 year ago.
the 7000. is 5.17 weeks pay if i agree to not go after the company at all for anything. what im curious about is weather or not i have a leg to stand on for the harassment. when i did up a formal statement at the time i was told it would have been enough to pursue other options. as well as get people fired if it would have went to HR but i didn't want to make waves, as there were general foremans involved and i didn't want to loose my job out of it. i have attached the statement made, to my work, i can also attach a copy of the terms of my lay off if it would help.
Expert:  Debra replied 1 year ago.

You are entitled to receive reasonable notice or pay in lieu of notice as this is a dismissal without just cause.

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 you what you have been offered is just over 9 weeks for three years and that may not be so bad. A court may not order more.

It is possible a court would consider ordering somewhat more because of how badly you were treated but that is never a sure thing.

What may make the most sense is to tell the you cannot sign a release without legal advice and take the release and see an employment lawyer face to face who may want to send them a letter demanding a couple more weeks pay.

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:

1-***-***-**** or(###) ###-####(within the GTA)

Customer: replied 1 year ago.
im currently residing in north western Ontario so that's not an option for me, and in any case it would be up against one of the largest producing gold mines in north western Ontario. what i would like to know is if with the imformation provided in your opinion if it could be something worth pursuing. if i sign the forms. i cannot ever come back on them for any reason, past or present.
Expert:  Debra replied 1 year ago.

You should speak to an employment lawyer on the telephone for a consultation.

The lawyer should be local to where you work.

How much you are entitled to will depend on so many factors only a local lawyer can give you a more sure opinion.

Customer: replied 1 year ago.
there aren't any lawyers i trust local as it is a small mining town, in which i live that i would trust to be competent enough if they felt this case was something that had valid backing/merit to pursue to do anything as. the company in question is a multi-billion dollar company with a bunch of very good lawyers.
Expert:  Debra replied 1 year ago.

Then have a brief phone consultation with a lawyer in the closest larger city.