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I was reprimanded at my work for the way I humanely treated…

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Hi - I was...

Hi - I was reprimanded at my work for the way I humanely treated one of my employees as they were terminated (apparently resigned) for not being vaccinated. This employee worked for me and I had no communication from HR except after the fact where they wanted all of my communication between myself and this employee as the employee was suing for severance. I sent my text messages (which I thought were supporting the individual) indicating I communicated with the person. I was then called into a meeting with my boss and HR, shamed by them - told my judgment as a leader is questionable and I was put on an employee improvement plan.

Lawyer's Assistant: Was this retaliation? Or based on age, race, religion, gender, or disability?

When you say retaliation - do you mean by my employer to me? What I think is that since the employee is suing for severance, that I will be the one to fall for this because I didn't do my job right as the manager

Lawyer's Assistant: The Employment Lawyer will be able to walk you through that. What kind of workplace is this (private sector, public sector, etc.)? How many employees?

Healthcare with approx 500 employees

Lawyer's Assistant: Where are you located? Workplace termination laws vary by state.

Ontario

Lawyer's Assistant: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.

I willingly sent my text messages between myself and the employee to HR - again thinking I had done the right thing. These text messages have since been sent to the hospital lawyer as evidence that I did not do a proper job in professionally communicating with the employee before they left. I don't agree with this - I was treating the employee with dignity and supporting them as a person

Submitted: 7 months ago.Category: Canada Law

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1/6/2022

Lawyer: Debra, Lawyer replied 7 months ago

Debra, Lawyer

Category: Canada Law

Satisfied Customers: 143,445

Experience: Lawyer

Verified

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

Customer reply replied 7 months ago

Lawyer: Debra, Lawyer replied 7 months ago

I know your question is important to you and I will be giving it the time and attention it deserves.

Sometimes responses and replies take time, so I ask you to be courteous and patient to allow me the time to type answers to you and also to others. At times I may even have to do some research.

I am sorry to hear of this difficult situation.

I am not sure I understand. Are they saying what you told them put the employer at risk for being sued?

Customer reply replied 7 months ago

Thank you for working with me.I will try to make this a littler clearer for you with some back story -We are a hospital alliance within southwestern Ontario (two hospitals). A Covid 19 policy was put into place with the hospital indicating that if an employee is not vaccinated by Oct 31st they would be put on a LOA.There was some confusion around the policy and some mixed messaging.I am a "coordinator" for the IT department and also the registration department.within these departments I had 1 non-union employee not vaccinated and 1 unionized employeethe non-union employee has worked for the organization for 15 years without a mark on her record. She was concerned with getting vaccinated due to her own health concerns and her children's. She was not getting her children vaccinated due to medical reasonsThis employee was not disgruntled and understood the policy but what she didn't agree with was that the policy said she was resigning (which she clearly told me she was not).She also told me before she was put on an LOA that she had already seeked legal services to enquire about her rights and she wanted severanceafter it is all said and done HR is calling me wanting all of my communication with myself and this employee because now this employee is suing them for severance. So, I sent my text messages to HR between myself and this employee (that was mistake now that I look back)There was then a meeting with my boss - CFO, the CEO and CHR around my final text messages with the employeeI was then disciplined and felt shamed by my bossmaybe a call would be easierPlease try againsorry, please try calling again

Lawyer: Debra, Lawyer replied 7 months ago

So you were disciplined because of the texts. Did you say in the texts that she was right and the employer was wrong?

Customer reply replied 7 months ago

I agreed with what she was saying and doing - I was agreeing to her as a person and her rights and supporting her until she was no longer an employee with our organization - but I think my employer thought I was saying the employer was wrongmy employer has sent my text messages to a lawyerI can send you the text messages

Lawyer: Debra, Lawyer replied 7 months ago

Here is the answer to your query. Please do not hesitate to ask any follow up questions related to this response and know that I will respond as soon as I can.

Well I don't need to see your texts but if it turns out that your comments to her basically empowered her or encouraged her to sue for wrongful dismissal you can see why you're being disciplined. In fact if your comments were very clear about this you could face just cause dismissal. When you represent the employer you cannot essentially side with the employee and encourage them to sue.

Also, she may be relying on your texts as evidence in court. If that were to be the case you can see why there is great concern about what you've done because you represent the employer. It may be that her lawyer will take the position that the employer has admitted to wrongdoing through your text.

I'm not saying that you did do that but if it looks like you did you can see why there is this reaction from the employer.

Do you see what I mean?

Customer reply replied 7 months ago

I can see that

Lawyer: Debra, Lawyer replied 7 months ago

Customer reply replied 7 months ago

Will I be terminated?

Lawyer: Debra, Lawyer replied 7 months ago

I don't know. I hope not.

Customer reply replied 7 months ago

Okay

Lawyer: Debra, Lawyer replied 7 months ago

Thanks

Customer reply replied 7 months ago

Thank you as well

Lawyer: Debra, Lawyer replied 7 months ago

You are welcome.

Customer reply replied 7 months ago

Hi Again - do you have any suggestions on how I should proceed on a daily basis? I was told my text messages have been sent to a lawyer. I have been placed on a work program to improve my judgement skills. Is there anything I should or shouldn't do at my work to give me the best chance of not being terminated?

Lawyer: Debra, Lawyer replied 7 months ago

You can make sure they know you are remorseful and also that you will learn from the and are eager to be placed on that work program which you will take very seriously.

Customer reply replied 7 months ago

Perfect. Thank you. I did indicate that already and have started to work on the program. Since I have never terminated anyone before or been involved with a forced resignation, would it make sense that I request training for situations like this?

Lawyer: Debra, Lawyer replied 7 months ago

Sure.

Customer reply replied 7 months ago

Okay, I will keep going and try my best. I was honestly just sympathizing with the employee (as she was also my friend and someone who I saw or talked to everyday for 15 years). Not that any of that matters :)

Lawyer: Debra, Lawyer replied 7 months ago

I am sure it will be fine. I sure hope so!

Customer reply replied 7 months ago

Thank you and I hope so too!

Lawyer: Debra, Lawyer replied 7 months ago

You are very welcome.

Lawyer: Debra, Lawyer replied 7 months ago

Is there anything more I can help you with before I mark this question as complete?

Customer reply replied 7 months ago

No. I don’t think so. Thank you

Lawyer: Debra, Lawyer replied 7 months ago

Thank you for trusting us to help you here at JustAnswer. If you need more clarification or have a follow-up question just reply and we can continue our dialogue. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Although I can’t always give good news, I am direct and do my best to simplify things for people to understand.

Thank you very much!

Best wishes,

Debra

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