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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100052
Experience:  Lawyer
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I am from Quebec and I have submitted three complaints

Customer Question

Hi, I am from Quebec and I have submitted three complaints against my ex employer, which were end of employment without significant cause, psychologic harassment and a money related complaint because I was not paid the wage I was supposed to and I went to a mediation session yesterday and I have a question now
Submitted: 9 months ago.
Category: Canada Law
Expert:  Debra replied 9 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 9 months ago.

I am sorry to hear of this difficult situation.

What is your question please?

Customer: replied 9 months ago.
At the end of the mediation session they offered me 500$ of total damage, but I do not think it's enough. I am wondering if I should ask more or go the court
Expert:  Debra replied 9 months ago.

How long did you work for them for?

How many weeks or months pay would $500 represent?

What wages did you earn that weren't pay to you?

Customer: replied 9 months ago.
I worked for 2 years 1month and 11 days, 500$ represents 2 weeks of work, I earned around 320 that i was not paid. The employer is American Apparel
Expert:  Debra replied 9 months ago.

Well, if you are owed $320 then they are only offering you $180 for termination pay and for what else happened so how would that be fair?

If you are certain that they dismissed you without just cause then they certainly owe you more than $180 even if they don't owe you anything more by way of damages for harassment.

Do you see what I mean?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 9 months ago.
But how can I know if my case will win at the court? The thing is that they blame me for not telling Asset protection about a money related problem but I've talked about it with my manager and she did not do anything about it. While I am a part time, why would I have to take the responsability? Plus, while everyone in the store knew the information, they have only blamed me and fired me and have not did any further investigations. Which i do not think is fair
Expert:  Debra replied 9 months ago.

It is not fair. You had the right to a full investigation and the right to tell your side of the story. That is the law.

As well, you should have been provided with written warnings if they wanted to dismiss you unless this was thought to be a theft.

Customer: replied 9 months ago.
I did told my side of the story but they did not investigated any oter employee and when I told them that everyone else was in the sam box as me, they did not listen and did not even do an investigation on other employees. The investigation was made unfairly
Expert:  Debra replied 9 months ago.

Then I do not see any reason why you would settle for such a small amount of money.

Customer: replied 9 months ago.
Because I am affraid that if we go to the court, I will lose. What is an amouny usually required for a psychologic harassment? How about I make them a finale offer and if they don't accept we go to the court. They just really scare me off. It is because employees had been given frauded gift cards and when I learned about it, insead of contacting Asset protection, I told my manager. She did not do anything about it until a month later where she acted like she never knew and fired me for hiding it from her.
Expert:  Debra replied 9 months ago.

There is no certainty with court. That is why people make offers to settle and why people accept offers to settle. As well court is time-consuming and frightening.

At the same time you should not let someone bully you. It sounds like you didn't do anything wrong and that you offered is unfair.

You can certainly make them a counteroffer.

Customer: replied 9 months ago.
But I don't know how much would be a price tha would work for both of us? I am thinking about 1,000$ total but I saw on the CNESST websites that moral dammages are usually evaluated at around 2,000$ but they refused my last offer of 1180$ and counter offered only 500$.
Expert:  Debra replied 9 months ago.

They likely owe you the $320 plus another $500 - $1000.

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