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I was employed on First Nation reserve as Health Director &

Customer Question
I was employed on...

I was employed on First Nation reserve as Health Director & sudden was fired without notice, offered severance package, the letter signed by our present chief & signed by acting Administration for our nation. Chief & Council refuse to give reasons why. They already fired three other Directors. Election is October 2/17 & I believe we were not treated fairly & band elected Chief & Council have fiduciary duty to its employees & don't have power to fire employees. What can I do?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

This is in canada, are you Canadian lawyer?

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

I am full-time worker, not a union

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Do I sign a release form I was given?

Submitted: 10 months ago.Category: Canada Law
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Answered in 1 minute by:
9/26/2017
Lawyer: Debra, Lawyer replied 10 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,013
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 10 months ago

I am sorry to hear this.

How long have you worked there for?

What have they offered you?

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Customer reply replied 10 months ago
Worked since 2008-2017
They offered severance package as required
Lawyer: Debra, Lawyer replied 10 months ago

But what I want to know is how much pay in terms of months or weeks did they offer?

Are you saying the offered the minimum as set out in the Employment Standards Act?

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Lawyer: Debra, Lawyer replied 10 months ago

Did you get a chance to read my questions to you? I cannot answer you in a meaningful way until I gather the appropriate information. There is no charge for us going up and back of course.

Thanks!

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Customer reply replied 10 months ago
2 weeks pay
I enclude image of letter
Customer reply replied 10 months ago
Did you get the image of letter?
Lawyer: Debra, Lawyer replied 10 months ago
What you have been offered is simply unacceptable and virtually ridiculous. There's no legal basis for it.You are entitled to receive reasonable pay in lieu of notice and generally when a court considers what is reasonable they would look at your age, your position, the length of employment, how difficult it may be to secure a similar position elsewhere etc.Given that you were there for a lengthy period of time and given the fact that you were in a management position it is quite likely that a court would order that you received one month's pay for each year of employment.I suggest that your next best step is to immediately consult with an employment lawyer in your city face to face with a view to retaining the lawyer and having the lawyer send the employer a demand letter threatening a lawsuit if you are not provided with appropriate termination pay.Does that help as a starting point?Please feel free to provide me with any follow-up questions that you may have. If you do not have any follow-up questions I hope that you feel I have earned a five star rating. However, if you do not feel that I have earned this rating please do not hesitate to let me know how I can better assist you. Finally, please know that even after you rate me I will still be here for you and you can ask me further follow-up questions at no further charge.
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Lawyer: Debra, Lawyer replied 10 months ago
Sorry, I did see it now.I don't know what your income is so does what they are offering reflect my answer? You have to figure out how many months pay that is and if it works out pretty close to what I suggested then you are probably in a good position at this point in time and would not need to fight further.
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Lawyer: Debra, Lawyer replied 10 months ago

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

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