I need a lawyer

[Gquebed]

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.

although they put "other" on the roe... I believe the reason they used to fire me was misconduct in which case they would argue they're not obligated to pay me out severance?

I can't believe this took them so long. One of my arguments to Service Canada about my EI benefits what's the point out that they hadn't supplied a record of employment because they haven't fired me yet because they were uncertain about their legal position. I think they finally realized that fact

 

[VIANARCHRIS]

in which case they would argue they're not obligated to pay me out severance?

They are still obligated to pay severance or give notice. They've done neither.

 

[GroErr]

Don't know if it's incompetence or some grand plan (or so they'd like to think). But so far, everything they've done (or haven't done) is all great ammo for a lawsuit, or at minimum an out of court negotiated settlement. Keep calling them out and using all the free resources. Most tend to use a "they'll eventually go away" tactic with these things, just don't let up and they'll have to deal with it, or pay you to reduce the risk of a bigger payout.

 

[bigmanc]

Cover all bases. Make it look like your trying. Make a log of everything youve done. Who you call, the time and there name. I would add youve been trying to look for a job in the same area but been unsuccessful. What your employer is trying to do is squeeze you. Make you get a new job so you cant sue them going forward, the time you get a new job is when your claim is over for wages. Human rights tribunal will side with you in a heart beat. I was a landlord and sat down with someone at landlord tenant board...there stand point is "federal? we cant touch you" and im hoping human rights does the same. It will come a time you get a letter from human rights giving there judgement. I would then contact the top top boss to arrange a meeting to discuss a settlement...go in with your head held high. If they continue to stiff arm you im hoping your losses are less then 25k and file small claims.

 

[Gquebed]

Cover all bases. Make it look like your trying. Make a log of everything youve done. Who you call, the time and there name. I would add youve been trying to look for a job in the same area but been unsuccessful. What your employer is trying to do is squeeze you. Make you get a new job so you cant sue them going forward, the time you get a new job is when your claim is over for wages. Human rights tribunal will side with you in a heart beat. I was a landlord and sat down with someone at landlord tenant board...there stand point is "federal? we cant touch you" and im hoping human rights does the same. It will come a time you get a letter from human rights giving there judgement. I would then contact the top top boss to arrange a meeting to discuss a settlement...go in with your head held high. If they continue to stiff arm you im hoping your losses are less then 25k and file small claims.

I am a meticulous record keeper. So got that covered. Lol

And i am not going away. At this point i am tempted to communitcate that to my employer. That tactic just isnt going to work with me. Lol

Maybe its not a bad idea to approach them with that and let them stew in it... and wait for a buyout offer. But i wont ask for it. I dont want to give the impression im in it for cash. Cause im not. Its principle...plus i dont others to go through this. Truly. So if my case can set a precedent that helps others... thats what im after.

Then again...everybody has a price...hahahah

 

[WHATFG]

No no no no no....do not say that to your employer!...this is one you're going to have to ride out.

 

[VIANARCHRIS]

I agree with WHATFG. I would avoid any contact with the employer unless it is initiated by them. Even then, just listen and then tell them you will need to talk to your lawyer before responding.
I would also contact the ombudsman and/or your MP concerning the EI disqualification. How about the labour board? Can they step in at this point?

 

[bigmanc]

Agreed. Human rights will let you know the verdict. Once you get that go to the court house and file a small claim, givin it’s within small claim amount but even if it’s say 40k it’s worth just going for the 25k. Prepare all your evidence just like a book. Make a index at the beginning, number each page. All eveidence you have, include it! ROE, precious pay stubs, your logs, costs and losses, HR judgement, character statements the whole 9yards. Make 3 copies. So once you go to the clerk you will provide the processing fee, a copy to the clerk, she will certify your claim. Now you take your happy go lucky friggin ass to your boss. Look at him/her with a dead stare that you mean business...drop your evidence and court certification on them and tell them those sweet words of “you’ve been served” that court certification will have a early remedy date on it. You, your boss, a judge will sit down in a midget sized court room and ask the both of you if we can resolve this early, you drop slowly..say 23.5k your boss will say whatever he says and if you don’t agree the judge will push it to trial. All this from served to judgement should only take 3 months maybe longer with holidays coming up. Good luck I think you’ll do fine aslong as what you’ve said is honest.

 

[TheRealDman]

FWIW...small claims court runs up to $50k now.

 

[bigmanc]

FWIW...small claims court runs up to $50k now.

I’m referring to ontario

 

[WHATFG]

Agreed. Human rights will let you know the verdict. Once you get that go to the court house and file a small claim, givin it’s within small claim amount but even if it’s say 40k it’s worth just going for the 25k. Prepare all your evidence just like a book. Make a index at the beginning, number each page. All eveidence you have, include it! ROE, precious pay stubs, your logs, costs and losses, HR judgement, character statements the whole 9yards. Make 3 copies. So once you go to the clerk you will provide the processing fee, a copy to the clerk, she will certify your claim. Now you take your happy go lucky friggin ass to your boss. Look at him/her with a dead stare that you mean business...drop your evidence and court certification on them and tell them those sweet words of “you’ve been served” that court certification will have a early remedy date on it. You, your boss, a judge will sit down in a midget sized court room and ask the both of you if we can resolve this early, you drop slowly..say 23.5k your boss will say whatever he says and if you don’t agree the judge will push it to trial. All this from served to judgement should only take 3 months maybe longer with holidays coming up. Good luck I think you’ll do fine aslong as what you’ve said is honest.

Get two binders and a pkg of numbered tabs. One binder to keep legal docs in chronological order from back to front, and one for general paperwork (pay stubs, roe etc)as bigman suggested.

 

[TheRealDman]

I’m referring to ontario

ON small claims court max is 50k.

 

[Gquebed]

I agree with WHATFG. I would avoid any contact with the employer unless it is initiated by them. Even then, just listen and then tell them you will need to talk to your lawyer before responding.
I would also contact the ombudsman and/or your MP concerning the EI disqualification. How about the labour board? Can they step in at this point?

EI has an appeal process - request for reconsideration - that I've initiated... and other remedies. Workin on it...

 

[Gquebed]

Agreed. Human rights will let you know the verdict. Once you get that go to the court house and file a small claim, givin it’s within small claim amount but even if it’s say 40k it’s worth just going for the 25k. Prepare all your evidence just like a book. Make a index at the beginning, number each page. All eveidence you have, include it! ROE, precious pay stubs, your logs, costs and losses, HR judgement, character statements the whole 9yards. Make 3 copies. So once you go to the clerk you will provide the processing fee, a copy to the clerk, she will certify your claim. Now you take your happy go lucky friggin ass to your boss. Look at him/her with a dead stare that you mean business...drop your evidence and court certification on them and tell them those sweet words of “you’ve been served” that court certification will have a early remedy date on it. You, your boss, a judge will sit down in a midget sized court room and ask the both of you if we can resolve this early, you drop slowly..say 23.5k your boss will say whatever he says and if you don’t agree the judge will push it to trial. All this from served to judgement should only take 3 months maybe longer with holidays coming up. Good luck I think you’ll do fine aslong as what you’ve said is honest.

I believe the AB HRC process is to review the employer's response, which they are doing now, and then decide to either push the matter to their executive level for full investigation or to offer both parties their expertise/services in conciliation. I suspect they will make that offer/recommendation after they forward my employers response to me and I'll go that route, naturally. But one side or the other is going to be disappointed by their decision and so one or the other party will likely move it to civil court.

Or, my employer will refuse the offer, and I'll be forced to sue them in civil court.... which is where they might perhaps make an offer to have me just go away.

I just want to see the reply. It's been 4 days since they submitted it....

 

[Gquebed]

So I finally got the response from my employer. No surprises and it's surprisingly weak. All it says is that I knew what the policy was upon being hired and that I violated it and that they want to terminate me. Which day did without telling me...lol

The letter I got from Human Rights says that my file is been put up for review and will proceed with further action. Not sure what that means...lol

 

[GrowRock]

Sounds like human rights is going to stand up with ya with the “will proceed with further action” make them pay for the bs treatment not even notifying you of your termination is one of the many missteps your employer has to answer to you and human rights about

 

[VIANARCHRIS]

So I finally got the response from my employer. No surprises and it's surprisingly weak. All it says is that I knew what the policy was upon being hired and that I violated it and that they want to terminate me. Which day did without telling me...lol

The letter I got from Human Rights says that my file is been put up for review and will proceed with further action. Not sure what that means...lol

Write a clear and concise response and submit it to the human rights people. Explain how you DID NOT violate their policy, you were never impaired at work and they have no evidence to prove otherwise. Your cannabis consumption is a physician approved private medical matter and unless they can prove you were impaired at work, you were wrongfully dismissed. You have been discriminated against due to your medical needs - end of discussion.

 

[Gquebed]

Write a clear and concise response and submit it to the human rights people. Explain how you DID NOT violate their policy, you were never impaired at work and they have no evidence to prove otherwise. Your cannabis consumption is a physician approved private medical matter and unless they can prove you were impaired at work, you were wrongfully dismissed. You have been discriminated against due to your medical needs - end of discussion.

Already working on it. In fact, most of it has been done for a while now. In arguing my case against the EI benefit rejection i had described exactly how i followed policy to the letter, as it is written and even detailed how the policy itself is discriminatory, which is another matter entirely...lol
So just have to copy/paste most of it.

 

[Gquebed]

Sounds like human rights is going to stand up with ya with the “will proceed with further action” make them pay for the bs treatment not even notifying you of your termination is one of the many missteps your employer has to answer to you and human rights about

Worse still is...
When i went online to look at the ROE they sent in i found it was wrong. My first day worked is wrong and my pay amounts are too...all of them... which is really weird because the payroll person who wrote it up knows me very very very well. We talked on the phone weekly to correct time card errors for my crew. She has me down for only working 6 months there when ive been there over 1.5 years. She was the one who helped me get access to payroll for my crew ffs.

Its the fn twilight zone here...

Or the incompetence is deliberate... i

 

[CalyxCrusher]

It seems deliberate, since it would fuck with your EI. But MOST importantly it changes the amount of time(in terms of notice before termination) they need to give you before just cutting ya loose. I.E. 2 weeks notice if youve been employed for X amount of time.Pretty sure it was posted earlier in this thread