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I officially retired on March 31/2018. On April 1 I sent an…

Customer Question
I officially retired on...

I officially retired on March 31/2018. On April 1 I sent an email to all employees where I worked because the employer never removed my email privileges. I said some things to a senior manager now they are withholding my severance and charging me with harassment. Are they alliowed as I was no longer an employee . Tks Rick

Lawyer's Assistant: Was this harassment issue discussed with a manager or HR? Or with a lawyer?

Vice President

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

Unionized and I was hourly

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

I can send a copy of the email if u want

Submitted: 3 months ago.Category: Canada Law
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Answered in 8 hours by:
4/4/2018
Lawyer: Debra, Lawyer replied 3 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,523
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 3 months ago

I am sorry to hear this.

What province are you in please?

What has the union said to you so far?

When you say they are charging you with harassment what do you mean?

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Customer reply replied 3 months ago
I live in Ontario, the union has made no official response yet except to say to me they can’t do that , I received an email from my employer stating that my severance pay is being withheld pending an investigation in to my comments. The thing is I was not employed at the time those comments were made.
Lawyer: Debra, Lawyer replied 3 months ago

It doesn't matter when those comments were made. They are not going to lead to any dismissal so they must pay you in full.

I suggest that you speak to the union today. Remind them they owe you a duty of fair representation and you want their assistance immediately. If you are not getting your termination pay they must start the grievance process at once.

But the fact is that if the employer is the least bit reasonable or intelligent you will then get your money when you are supposed to get it as they have to know this is not the least bit lawful.

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.

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Lawyer: Debra, Lawyer replied 3 months ago

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

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