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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101006
Experience:  Lawyer
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I feel like I've been bullied at my place of

Customer Question

I feel like I've been bullied at my place of the employers. It has been going on for a couple of weeks...ever since I had a "tiff" with one of the senior manager's sister. Since then, I've been demoted, treated badly, moved out of my office into an open workstation and denied access to any of my computer files or emails. This morning, when I arrived, I tried to login and got a message advising that my account had been disabled. At about 11:45 am, I was called into the VP of HR's Office (same senior manager whose sister and I had a tiff) and was laid off. Do I have any legal reecourse?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: I'm in Canada...Toronto
JA: Is the employment agreement "at will," union, full time or part time?
Customer: It was a full-time salaried position.
JA: Anything else you want the lawyer to know before I connect you?
Customer: While I was off for the holidays, they went through my computer system. They deleted my desktop, which had a list of passwords for my docs. Without the passwords, they can't access any of my stuff. Further...I got no severance or anything. I got a letter stating that effective today I'm laid off and if I want to continue receiving benefits, I can give them $89 + per month. They also told me they would pay me out completely so that I can apply for benefits. So...what is that?
Submitted: 8 months ago.
Category: Canada Law
Expert:  Debra replied 8 months ago.

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

Expert:  Debra replied 8 months ago.

I am so sorry to hear that.

Are you in a union?

How long did you work for them for?

Are they saying that this is a temporary layoff?

Customer: replied 8 months ago.
Thanks for your reply. I do appreciate it!I'm not in a union. I've been with the company since April 20, 2015. They didn't say; in the meeting I was told that with the changes in the management structure, they just didn't know when roles would be sorted out, and until then they don't have anything to keep me busy. They did say they will be "paying me out" and providing the ROE...sounds pretty permanent to me...and if it isn't, I think it's just more evidence of them "screwing" with me.
Customer: replied 8 months ago.
I would "talk" to you, but this lay off came as a complete surprise. They're telling me that they'll mail all of my docs, etc. to me, so I have no idea how much money I have to play with. That said, I think I'll need the $79 more at this juncture. Sorry. Texting will have to suffice.
Expert:  Debra replied 8 months ago.

Please do not feel badly but the phone call. The site is based in the US and in Canada we can take phone calls anyway.

When will you be getting your ROE? And are they saying that they are going to provide you with termination pay?

Customer: replied 8 months ago.
They didn't. They simply said that effective immediately I'm laid off. I asked them what this means? I asked them to confirm that effective today I don't have a job and I'm not bringing in a paycheque. They confirmed that's the case, gave me the letter and I walked back to my workstation, gathered my coat, purse, and walked out the door.
Customer: replied 8 months ago.
I literally moved 10-minute walk from work, so I if they mail everything today, I should have it by the end of the week. I really don't want to wait that long to "do something". I really feel like if I don't act now, I may lose my window of opportunity.
Expert:  Debra replied 8 months ago.

When you were supposed to get your next paycheque?

Customer: replied 8 months ago.
This coming Friday, January 13th (bi-weekly)
Expert:  Debra replied 8 months ago.

So on Friday you will get your final pay and your ROE and possibly termination pay.

If they pay you termination pay and it is fair there is nothing more you can do as the law is that the employer can dismiss the employee for any reason at any time unless the reason is discrimination so long as there is reasonable notice or pay in lieu of notice provided.

In your case you worked for them for under 2 years and so will be entitled to about 3 - 4 weeks pay as termination pay.

If you don't get this you should consult with an employment lawyer face to face as your best next step.

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)

If they are saying this is a temporary layoff you will have to wait and see if they recall you.

Does that help as a starting point?

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.

Expert:  Debra replied 8 months ago.

Is there anything more I can help you with at this point in time?