I've been "fired"....!! and need advice

[booboobear]

. He suggested that the firms interests & mine were no longer alined. He further suggested that he would continue my pay and benefits ( for a reasonable time ...???) until I found other employment.
Responses are greatly appreciated.


TT

He is trying to get away
cheaply , as others have said minimum in your case should
be 1 month per yr as project manager. 16 YRS = 16 MONTHS he is hoping you will settle for just getting paid until you find a job
Notify him immediately that unless he offers a settlement in accordance with your position right away you will take legal action.
Don't wait. DO not take his offer . He is trying to pull a fast one hoping once you leave and accept that you won't claim anything.

 

[MilesV]

Some Comments

- Sorry to hear about " the firing"

- just a few thoughts.


1) With 16 years - you are definitely entitled to received a severance , how long ?? - you must see a lawer.
Grosman, Grosman & Gale, ( do a search on Google),.
- best employment lawyers in Toronto

they are expensive but you need help & advise, from professionals in the know.

2) Take a week to get drunk, say F--- Sh-- a few hundred times, etc. etc. - then purge the negative energy and start looking for a new job right away (not weeks after your firing, right away)
- contact those who you know both professionally and personally and ask them for advice and help.

Good luck, (it has happened to many of us in Terbland, you are not alone - but do see a top notch lawyer )

MV

 

[Hotdog]

Each case, if it goes to court, is decided on the individual facts, but you are likely entitled to at least 12-16 months pay in lieu of notice. This has nothing to do with the Employment Standards Act, but is based on common law.

 

[train]

Each case, if it goes to court, is decided on the individual facts, but you are likely entitled to at least 12-16 months pay in lieu of notice. This has nothing to do with the Employment Standards Act, but is based on common law.

Correct .

 

[tom tomas]

Hey thx. for the great input, I will organize legal advice tomorrow and let everyone know what happens.

Cheers TT

 

[johnnyhandsome]

Just dont go Postal, Tom!!!!

 

[galt]

Quite right on the Ontariio legal requirement for every year of service....however...there are other factors. For example, if you were aggressively recruited from another job and let go in a reasonably short time frame and you are relatively high up the food chain then a settlement usually goes to arbitration. Although there is no legal obligation from an "out of the box severance", the arbitration is typically binding.

 

[i_am_good]

Hang in there...

Hey thx. for the great input, I will organize legal advice tomorrow and let everyone know what happens.

Cheers TT

Check your PM.

I vaguely remember a statistic that a typical adult in North America will have four (4) career changes in his/her working life.

Keep us posted.

 

[DCork]

From very recent experience, I will repeat the obvious. Go see a lawyer. There were a couple of good suggestions. Go prepared with your compensation history, job description with responsibilities, and a written account of the circumstances around the dismissal. That will speed up the discussion and they should be able to give you advice to enable you to make a decision in less than an hour and a half. Even the most expensive lawyer won't cost much and is well worth the investment. (Although you may want to factor in the follow up cost if you end up going through more legal pursuits)

My point in all this is; it's worth it to find out asap. Settlements in Canada have been pretty reasonable with all of the considerations that others have outlined in other posts (age,time with company, etc), along with post employment counselling covered by your previous employer. I was able to get 2 months for each year, along with a prorated amount to consider my average bonus over the last three years. I know that my corporate masters were scared of litigation, so they padded a little, plus I think they felt guilty about the whole thing.

Good luck with it, and when you do get the package, don't forget to spread a little on your favourite SP/MP/SC. I found the perfect salve to be a double header of Nikita followed by a dinner and round two with Red Jenna.

 

[mr. x]

here are a couple of links that explain things...

http://www.weilers.ca/QuickTips/index.asp?ID=93
http://www.mckeever.com/dismissal.htm
http://www.duhaime.org/ca-wd.htm

 

[onthebottom]

TT

Most of us have been thru it at least once. Keep perspective and get good advice, and don't sign anything without it.

Let us know.

OTB

 

[johnyboy]

Jesus Christ man the F*#@Kin guy asked for a lawyers name ..not your advice..he certainly dosen't sound like he just rolled off the turnip truck ...he should see a lawyer not listen to wannabes..THE END

 

[strange1]

If other job prospects are good, you may be able to get a lump sum payment instead of "until you are working"

A relative took a lump sum equivalent to one plus year of pay and had a new job within the month. $$$$

 

[gordita]

Best lawyers in Toronto for this type of action---Grosman, Grosman and Gale. Expensive but you deserve it.

 

[LeatherDoll]

One more thing ....

Sorry to hear about your situation. I'm pretty sure there is much more to the story than what is being said here.

You must consult counsel. It is likely that you do have a case of constructive dismissal -- a situation where you have not been fired, so they can get away without paying you your due -- but they remove all of your job duties. The outcome is that you have, essentially, lost your job without any of the mandatory benefits.

They are hoping you will just quit and relieve them of their feduciary responsibilities. This is the point about which you have a right to sue, and are most likely to win.

"Cause" doesn't really exist, but it is arguable. With no incidents, no complaints, no warning, and no corporate restructuring, it is reasonable to suggest inappropriate treatment. If you have grounds that are likely to win (like the constructive dismissal), your lawyer will probably throw in other arguments in an attempt to strengthen the case and, hopefully, up the payout, since there is not extra cost involved.

But remember, this is Canada, and our willingness to just award cash settlements is low. What you are fighting for here is your legal entitlements, and now, some minor extras to offset the hassle of this poor treatment. Don't expect more, you won't be disappointed.

Good luck.

 

[Keebler Elf]

This is NOT contructive dismissal. This is REAL dismissal. They fired him.

 

[LeatherDoll]

No, they didn't ...

That is the problem. They are trying to convince him he is fired without taking the proper action on their part. THis is clearly a case of "as if" he was fired.

He suggested that the firms interests & mine were no longer alined. He further suggested that he would continue my pay and benefits ( for a reasonable time ...???) until I found other employment.