Best discuss this with a lawyer. There was a court case about 10 years ago a guy sued his employer for some issues while still employed with them. He was fired - judge found in his favour and ordered damages for the dismissal as well saying that he was right to sue without resigning as this minimized the damages
Legal Problem at Work
- Thread starter Iluvsc's
- Start date
Is the company in the financial sector? Would it hurt them if clients knew there was fraud?
If so, they are handling it poorly. You could easily hurt them if you were so inclined.
Are the police involved?
Have you been questioned?
If not, I'd guess someone higher up is involved in the fraud and trying to pin it on you.
I don't know if it's true, but nevertheless you need a lawyer speaking up for you.
If so, they are handling it poorly. You could easily hurt them if you were so inclined.
Are the police involved?
Have you been questioned?
If not, I'd guess someone higher up is involved in the fraud and trying to pin it on you.
I don't know if it's true, but nevertheless you need a lawyer speaking up for you.
I had an issue with a company and I successfully settled with them.
In my case it was settled before going to trial. The judge wio previews the case suggested to the company to settle
Best to find a lawyer that works on a cut of the settlement (30%)
Your first appointment would be free and if the lawyer thinks you have a good case, he would sign up. Otherwise his response should give you other options to pursue
If you would like the reference of my lawyer, send me an IM
In my case it was settled before going to trial. The judge wio previews the case suggested to the company to settle
Best to find a lawyer that works on a cut of the settlement (30%)
Your first appointment would be free and if the lawyer thinks you have a good case, he would sign up. Otherwise his response should give you other options to pursue
If you would like the reference of my lawyer, send me an IM
Lawyer up and sue your employer.
They can't just keep you in limbo without cause or with no reason to keep you from returning to work because they feel like it.
About 10 years ago when I did have an employer I was let go from a large company and at the time I had been with the company for a few years, I was let go without any sort of severance package and the main reason they let me go was that they were taking someone elses word over mine without any cause, I was fired so I turned around and hired a lawyer, my lawyer was charging $250/hr at the time and I paid my lawyer about $15000 in total.
My former employer eventually settled out of court after a few months, I got a nice 6 figure payment out of it, and at the time I was in my mid 20's so I took a year off from work and just relaxed.
The lawyers will either charge you hourly or try to cut a settlement percentage with you if you have a real case. Figure out how much money you are likely to get out of your employer and do the math see which way is better for you but if paying hourly expect to pay $10000-20000. Most firms will take a retainer and clear the rest of the amount when settlement is done and retainers are usually 20-30% of total amount.
They can't just keep you in limbo without cause or with no reason to keep you from returning to work because they feel like it.
About 10 years ago when I did have an employer I was let go from a large company and at the time I had been with the company for a few years, I was let go without any sort of severance package and the main reason they let me go was that they were taking someone elses word over mine without any cause, I was fired so I turned around and hired a lawyer, my lawyer was charging $250/hr at the time and I paid my lawyer about $15000 in total.
My former employer eventually settled out of court after a few months, I got a nice 6 figure payment out of it, and at the time I was in my mid 20's so I took a year off from work and just relaxed.
The lawyers will either charge you hourly or try to cut a settlement percentage with you if you have a real case. Figure out how much money you are likely to get out of your employer and do the math see which way is better for you but if paying hourly expect to pay $10000-20000. Most firms will take a retainer and clear the rest of the amount when settlement is done and retainers are usually 20-30% of total amount.
And therein lies the problem. Three months of wages for an admin is probably only around $10K total.
That's why going to the Ministry of Labour is a waste of time. They'll only seek what's due under the ESA. If the op retains a lawyer, he/she will likely ask for more due to the high-handed actions of the employer, ie suspending him without pay & keeping him twisting in the wind during their "investigation".
I agree but I don't think the OP is going to come out very far ahead for 3 months of damages.
More reason to keep every email and keep a journal of every meeting, and interaction you have with fellow employees and your boss. A mini tape recorder would be a wise choice too.
I'm not sure what happens once you find a new job ie can you still claim EI and / or get severance from the employer?
If this statement is Ironclad...Lawyer up, most likely they will arrange a nice package for you before this thing gets out of hand.
You can't claim EI for periods of time you're employed so whether you've been "suspended without pay" is important. The OP doesn't qualify for severance pay. She would qualify for pay-in-lieu of notice of termination assuming the employer didn't have cause and didn't provide her with the proper notice period of termination (to date it's done neither, likely because they haven't terminated her yet). A lawyer will probably argue that the OP has in fact already been terminated (because you can't be an unpaid employee).
It depends. Getting a demand letter from a lawyer containing an argument that the op has already been constructively dismissed & demanding 6 months pay as compensation might panic them. They might fold faster than Superman on laundry day. If so, the $400 he'd pay the lawyer would be well worth it. Only the op can judge how they might react however.
I think, based on the info he's given us, that 3 months pay is the minimum he'd get. The fact that they refuse to pay him & are leaving him in limbo would reflect on them very poorly were it to be presented to any judge.
Employment lawyers will generally give a free phone consultation where they will hear your situation and describe your legal options. Basically to let you know what services they could provide.
You will get better advice from that phone call than anything on this thread and have a realistic and professional assessment of whether and how to proceed.
You will get better advice from that phone call than anything on this thread and have a realistic and professional assessment of whether and how to proceed.
Op really needs to decide if it's worth the time and legal expense of going after the employer. That number will be different for everyone, but 3 months of damages can still be a lot of money. Even if he only winds up with a small amount, it's still money that he didn't have before.
There is also the principle of going after your employer for terminating him wrongfully.
I would certainly hope the OP talks with a real legal professional like Fuji and most of us have suggested. Taking action just based on the opinions on this thread would just be a dumb move.
You need to start thinking a few moves ahead...did anyone else do something and frame you to cover their tracks?
Follow my advice.
Contact whoever let you go beit the manager or owner and let them know that you cant wait around forever and that you didnt do anything wrong and you need to know by tomorrow if you will be allowed back. Dont make any threats, you're giving them a chance to let you back in and there wont be animosity because you didnt threaten them to let you back. If they dont get back to you in 24 hours, call them and let them know that you didnt do anything wrong and they leave you no choice as you have bills to pay and that you are going to get a lawyer as you were wrongfully dismissed.
Contact whoever let you go beit the manager or owner and let them know that you cant wait around forever and that you didnt do anything wrong and you need to know by tomorrow if you will be allowed back. Dont make any threats, you're giving them a chance to let you back in and there wont be animosity because you didnt threaten them to let you back. If they dont get back to you in 24 hours, call them and let them know that you didnt do anything wrong and they leave you no choice as you have bills to pay and that you are going to get a lawyer as you were wrongfully dismissed.
No they will put a lien on a business to claim unpaid wages. It is slow but you will get your money.
If you get to the point of threatening to sue. Be 100% crystal clear YOU WILL BE ASKING FOR COSTS. This way they will know if they are wrong they are paying for 2 lawyers.
OP hasn't posted for a few days so either he got his job back (unlikely) or still gathering facts about his employer. Hope he gets the issue resolved and gets some money. It's sad that companies treat their employees so poorly these days. On the other hand, if there is even a tiny bit of wrongdoing by the OP, that's a huge lesson learned for every employee out there: you have to be absolutely squeaky clean and keep meticulous records when working for someone else.
Do NOT follow this ^ advice!
You can only make things worse. Talk to a lawyer. Do not try to handle it yourself.
