I need a lawyer

rocpilefsj

rocpilefsj

Misguided Angel
Gquebed said:
Yes i did. On the way to the clinic.

Our company policy states that I must report any symptoms of any prescription medication to them if I feel that they will interfere with my job. That's all our policy states about all of this. I wasn't medicated on the job so I obviously wasn't feeling any symptoms to report so.... there was nothing to report...

The only reason I told them was because I knew I was going to fail. None of this is any of their business. Until they put it in their policy and make it their business, which is what most corporations are doing now especially in the oil field in sensitive safety positions.
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Our scenario was a little different then, had an employee cause an incident that resulted in a few injuries on a customers site, minor injuries luckily but injuries none the less. Employee did a post incident drug test and failed (THC) Was apparently a mmj patient but did not disclose this to us and was medicating throughout the work day, again not disclosed to us, admitted to medicating just before going on customers site and told
us there was nothing we could do about it because he was legal. Sent him home for a long weekend (Thursday afternoon, told him to come in for Monday) Before the end of the day Thursday he texts the other employees present at the time of the incident and tells them to keep their mouths shut or their families will not be able to have open caskets for their funerals! In writing! So I call him in on Friday morning and terminate him based on the texts and not the failed test. We are in the process of writing a policy in regards to this with the help of lawyers and insurance is the reason I asked if you informed your workplace, I will outline some of the things we have been told through our lawyers in another post below since this post is already long winded. It may not be applicable in your case but may help others who may be reading this thread now or in the future.
 
VIANARCHRIS

VIANARCHRIS

Well-Known Member
rocpilefsj said:
Our scenario was a little different then, had an employee cause an incident that resulted in a few injuries on a customers site, minor injuries luckily but injuries none the less. Employee did a post incident drug test and failed (THC) Was apparently a mmj patient but did not disclose this to us and was medicating throughout the work day, again not disclosed to us, admitted to medicating just before going on customers site and told
us there was nothing we could do about it because he was legal. Sent him home for a long weekend (Thursday afternoon, told him to come in for Monday) Before the end of the day Thursday he texts the other employees present at the time of the incident and tells them to keep their mouths shut or their families will not be able to have open caskets for their funerals! In writing! So I call him in on Friday morning and terminate him based on the texts and not the failed test. We are in the process of writing a policy in regards to this with the help of lawyers and insurance is the reason I asked if you informed your workplace, I will outline some of the things we have been told through our lawyers in another post below since this post is already long winded. It may not be applicable in your case but may help others who may be reading this thread now or in the future.
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Very different scenario - that employee sounds like he was an idiot to begin with. Gquebed did not medicate before or during work hours, therefore was under no obligation to disclose his use. An employer has a duty to accommodate to the point of undue hardship, in this case that would simply be to make an exception to the zero thc policy when it involves medical use. Impairment is a whole different animal...he was never impaired at work.
 
Farmer.J

Farmer.J

Well-Known Member
Sounds like buddy was a whack job. Who has enough balls to threaten their coworkers, especially after hurting some of them on the job? That's crazy. your company will be better off with out him. Doesn't mean all medical patients are like that. Impairment wasn't the reason the incident happened, his poor attitude caused undue care and attention for the task
 
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VIANARCHRIS

VIANARCHRIS

Well-Known Member
Farmer.J said:
Sounds like buddy was a whack job. Who has enough balls to threaten coworkers after hurting some of them on the job? That's crazy.
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I phoned and threatened a boss who fired me for smoking hash in the bathroom back in the day...I talked my way out of a charge while shitting myself at the Calgary police station about 4 hours later! Not a real smart move, lol!
 
Farmer.J

Farmer.J

Well-Known Member
VIANARCHRIS said:
I phoned and threatened a boss who fired me for smoking hash in the bathroom back in the day...I talked my way out of a charge while shitting myself at the Calgary police station about 4 hours later! Not a real smart move, lol!
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When I got fired because someone found my assistant's hash pipe, called my boss a spineless bastard. It didn't help the situation. Glad you learned a lesson from it. The things we say in our twenties, eh?
 
Gquebed

Gquebed

Well-Known Member
rocpilefsj said:
Our scenario was a little different then, had an employee cause an incident that resulted in a few injuries on a customers site, minor injuries luckily but injuries none the less. Employee did a post incident drug test and failed (THC) Was apparently a mmj patient but did not disclose this to us and was medicating throughout the work day, again not disclosed to us, admitted to medicating just before going on customers site and told
us there was nothing we could do about it because he was legal. Sent him home for a long weekend (Thursday afternoon, told him to come in for Monday) Before the end of the day Thursday he texts the other employees present at the time of the incident and tells them to keep their mouths shut or their families will not be able to have open caskets for their funerals! In writing! So I call him in on Friday morning and terminate him based on the texts and not the failed test. We are in the process of writing a policy in regards to this with the help of lawyers and insurance is the reason I asked if you informed your workplace, I will outline some of the things we have been told through our lawyers in another post below since this post is already long winded. It may not be applicable in your case but may help others who may be reading this thread now or in the future.
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Well that is a much more interezting story than mine...lol

Sounds to me like the guy was so stupid as to be an accident waiting to happen, weed or no weed. I mean...anybody that would text threats like that... is clearly short a few grams of full zip.

Anyway, im very interested to hear about what the lawyers and insurance folk are advising for policy.
 
whitebb2727

whitebb2727

Well-Known Member
I hope you win. I'm not from Canada but I am of the firm belief that every human has certain rights that shouldn't be broken. The right to treat yourself how you see fit is one of them.

When cannabis was outlawed in the US 144 other countries joined in making it illegal as well.

Nearly 100 years later its still mostly that way.

Its a damn shame that people face jail let alone lose a job over a fairly harmless substance.
 
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Gquebed

Gquebed

Well-Known Member
whitebb2727 said:
I hope you win. I'm not from Canada but I am of the firm belief that every human has certain rights that shouldn't be broken. The right to treat yourself bow you see fit is one of them.

When cannabis was outlawed in the US 144 other countries joined in making it illegal as well.

Nearly 100 years later its still mostly that way.

Its a damn shame that people face jail let alone lose a job over a fairly harmless substance.
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Thanks for the support!

I don't see my fight as necessarily being just a Canadian one. When you look at the progression of medical marijuana over the last couple of decades there's been plenty of crossover between Canada and the United States. IE: the Colorado model of legalization is something that Canada has been following quite closely. Going further back when Canada first started with their medical marijuana program it was at about the same time that California started with theirs and there is plenty of similarities between the two.

Put it all together and you have countries like Australia Spain Germany all following in the footsteps of Canada and the US.

So my fight here will have ramifications in the future all over our country (just as the recent Nova Scotia human rights decision had an effect in Alberta) and I'm sure it will spill over to the US as well. All the states that are late to the medical marijuana party will have to face all the labor law changes to.

So...uhhh... please share my gofundme link and if you can spare five bucks even... help a bro out...lol
 
whitebb2727

whitebb2727

Well-Known Member
Gquebed said:
Thanks for the support!

I don't see my fight as necessarily being just a Canadian one. When you look at the progression of medical marijuana over the last couple of decades there's been plenty of crossover between Canada and the United States. IE: the Colorado model of legalization is something that Canada has been following quite closely. Going further back when Canada first started with their medical marijuana program it was at about the same time that California started with theirs and there is plenty of similarities between the two.

Put it all together and you have countries like Australia Spain Germany all following in the footsteps of Canada and the US.

So my fight here will have ramifications in the future all over our country (just as the recent Nova Scotia human rights decision had an effect in Alberta) and I'm sure it will spill over to the US as well. All the states that are late to the medical marijuana party will have to face all the labor law changes to.

So...uhhh... please share my gofundme link and if you can spare five bucks even... help a bro out...lol
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No problem. I must have missed the link. Can you post it?

Pm it to me if need be.
 
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Gquebed

Gquebed

Well-Known Member
Update:

So November 29th was the deadline that my employer was given to respond to my human rights complaint. Odd it was a Sunday. Anyway I called yesterday to find out when I might see that response and I was told that it would be forwarded to me within the week. So there will be more on that later...

Meanwhile, in another issue... with EI Canada ... I found out from them today that my employer has terminated me.

In reply to an inquiry that I made to them concerning the status of my benefit claim I was told that the delay has been my employers reluctance to submit an ROE. Apparently that was finally submitted on November 29th. Again, oddly that's a Sunday. Order still is that I was not notified by my employer of this. I had to find out by way of a representative for Service Canada...lol
 
WHATFG

WHATFG

Well-Known Member
Gquebed said:
Update:

So November 29th was the deadline that my employer was given to respond to my human rights complaint. Odd it was a Sunday. Anyway I called yesterday to find out when I might see that response and I was told that it would be forwarded to me within the week. So there will be more on that later...

Meanwhile, in another issue... with EI Canada ... I found out from them today that my employer has terminated me.

In reply to an inquiry that I made to them concerning the status of my benefit claim I was told that the delay has been my employers reluctance to submit an ROE. Apparently that was finally submitted on November 29th. Again, oddly that's a Sunday. Order still is that I was not notified by my employer of this. I had to find out by way of a representative for Service Canada...lol
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So your employer has not told you that you no longer have a job?
 
VIANARCHRIS

VIANARCHRIS

Well-Known Member
https://www.gov.mb.ca/labour/standards/doc,terminate-employment-after-apr-30-07,factsheet.html#q41

Do employers need to give notice of termination?
Yes. The amount of notice depends on how long the employee has worked for the same employer.

Period of employment

Notice period

At least thirty days but less than one year

One week

At least one year and less than three years

Two weeks

At least three years and less than five years

Four weeks

At least five years and less than ten years

Six weeks

At least ten years

Eight weeks

Employers can either allow the employee to work out this notice period, or pay wages in lieu of notice for the same number of weeks, or a combination of both.
 
Gquebed

Gquebed

Well-Known Member
VIANARCHRIS said:
https://www.gov.mb.ca/labour/standards/doc,terminate-employment-after-apr-30-07,factsheet.html#q41

Do employers need to give notice of termination?
Yes. The amount of notice depends on how long the employee has worked for the same employer.

Period of employment

Notice period

At least thirty days but less than one year

One week

At least one year and less than three years

Two weeks

At least three years and less than five years

Four weeks

At least five years and less than ten years

Six weeks

At least ten years

Eight weeks

Employers can either allow the employee to work out this notice period, or pay wages in lieu of notice for the same number of weeks, or a combination of both.
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Thanks for saving me the time finding more ammo...lol
I think what must be going on here is that them being an American company operating for the first time in Canada they are simply unaware of Canadian labor laws... I can't think of any other explanation for the incompetence
 
VIANARCHRIS

VIANARCHRIS

Well-Known Member
Gquebed said:
I can't think of any other explanation for the incompetence
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It's not incompetence, it's deliberate. They are pissed that you didn't play along with their game and they are trying to make things as difficult as they can for you. They have 3 days to pay you out once they terminate you.
You need to go after your money + interest and file an appeal with EI. It might be worth paying a lawyer to write a letter explaining that it was a case of wrongful dismissal. Might be worth the $50 to file a small claims case against them for the hardship, stress and inconvenience of them refusing to notify you of your termination and pay severance within the permitted 72 hours.
Anyway, it's time to piss them off. Call these fuckers out publicly. Get a local news station to run a story about how you have been fucked over by a crooked American company and you want to warn others! Negative publicity is a wonderful motivator. Name them on here. I have a website I can write a story for - PM me with permission and we'll put something together. We'll turn it into an xmas sob story! I have conversed with several talk radio hosts in Edmonton in the past, so I can send them this story and see if they bite.
 
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