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I am pursuing better compensation for wrongful dismissal where they are letting me go without cause and without prejudice. They are offering me 4 weeks’ pay plus vacation pay owed. They included days in lieu and stat holidays in with the 4 weeks’ severance. I am a chef by trade and hired in a salaried Sous Chef Position (not union position). I have drafted some points that I want raise with head office and wondering if you have any opinion or advice you can give me based on what I have written. Led to believe a consultant was coming in the kitchens to explore the flow of food and systems in place. Everyone openly discussing the operations and before two weeks is up I am let go and he is doing my job? Why was I let go ? Was never told there was an issue or given an opportunity to adjust if there were any issues Prior to Chef Nick taking over I had been praised for the great work I had achieved as Catering Chef between May 2015 – August 2016 High nineties in Catering inspections Achieved at retaining lost customers Several notes of appreciation Promoted to Production Manager August 2016 – present January 2017 had my appraisal and scored in the high nineties. I have NO verbal warnings or coaching’s I cannot use compassgroup as a reference Need to understand what notice of termination without cause – without prejudice means Need to understand Release documents, clause # 11 Non Solicitation: Not to carry on or be engaged in employment of any kind that is affiliated with Compassgroup for one year. This prevents my ability to earn my living without cause and I would be willing to work elsewhere in Compass group – ask that clause be removed or reworded to only include University of Ottawa (all of Compass and all of province of Ontario is not justified or acceptable) Owed for three days worked in lieu, all statutory holidays since September which I worked and 2 days that where cut from my pay during the week between Christmas and New Year without any notice – These should reflected in vacation pay owed (c) Part of vacation pay out and not as part of separation allowance, and need to confirm number of vacation days that will be paid out I was advised strongly by the GM not to sign anything and to carefully read what is being offered I was told by the Human Resources officer that I could be entitled for more separation allowance and to call head office – what are the steps to pursue this avenue Only if pressed I have one written warning that was given to the Chef and F&B Manager at the same time regarding issues not all in my control I was absent two days in a year and half Sincerely Terry Theberge
In 2013 I was asked by IBM to write a report to proposing a solution IBM was trying to sell to a client. I refused as the Standad ISO 27001, did not mandate that particular solution only as a requirement. That year I was rated a 3 in my performance. In 2014 I delveloped a new approach to conducting Risk Assessments for IT Security. My western Canada client was very pleased with my work. From there I worked in the USA for a band 10 Manager. I used this new method on various clients all of which were very pleased. I worked for him directly he saw my work product. He rated me a 2+ in my work. My own Canadian bosses never saw my work product nor talked to my clients. For my 2014 work assessment I was again given a 3 for performance. My manager brought up the 2013 incident were I refused to falsify a report. I argued the point. My manager never talked to any of my clients . He did admit my USA work supervisor rated me a 2+(superior) but said he was told to give me a 3(poor). Shortly after I was terminated given a few weeks notice to 13 Mar 2015. At this same time my mother almost died. I went to my doctor having spoken to her previous about the stress I was under and my depression. She, placed me on sick leave. I have been on since then. Questions: 1. IBM had me sign a termination agreement for 23,000 dollars after I worked for them for 8 years. Is this fare? It has not been paid as I'm on sick leave still. 2. My employment insurance by SunLife through IBM has been in place for 2 years. Now they want me to apply for government disability claim. They say if I do not do it. They will cut my disability from them. My doctor says there is medical evidence to meet my insurance requirements. But she does not feel I qualify for government disability. So, what do I do?
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