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Dear Sirs/Madams, I am very much hoping you can help me with a question that is very important for me to know the answer In May of this year I was dismissed by my employer for what they claimed was "just cause". As a unionized employee I filed a wrongful dismissal grievance through the Union. I also applied for EI benefits. Two months later , I received a phone call from a SERVICE CANADA reprentative. The gentleman identified himself, told me he had read my application that included my reasons for wrongful dismissal, and also informed me had just finished speaking to my ex-manager who dismissed me, got his story as well as the evidence faxed to him, and next he needed to hear my side of the story before a decision could be made if I was eligible to collect EI beneifts. 24 hours after this I was approved for EI benefits that I am presently collecting. However, the process of my wrongful dismissal grievance is still ongoing. Unfortunately, I do not feel I getting fair representation from my Union Rep. In the Last 5 mths he barely ever gives me updates, or even returns my phone calls and emails. Upon finally getting him to speak to me just the other day, I told my Union Rep that since employees who are dismissed for "just cause" are not eligible for EI benefits, the Federal governing body of SERVICE Canada therefore agrees with me that my employment was terminated for reasons other than "just cause". He immediately told me I was wrong and misinformed, and then went on to tell me that by no means does Service Canada giving me EI beneifts mean they believe my my dismissal was unfair or unjust. He tells me that the only reason I am getting EI benefits is because all workers who are fired for misconduct are automatically entitled to recieve EI benefits so long as they file a wrongful dismissal claim. Is this true? I feel I have good reason to believe that it is HE who is misinformed. After all, if my EI eligiblity was automatic with my filing a wrongful dismissal as he claims, then why wasn't I immediately approved after filling out my claim online for IE benefits where I indeed confirmed I was seeking a wrongful dismissal grievance claim? Where would the necessity exist for a SERVICE CANADA to personally investigate and hear arguments from both my employer, and then myself immediately after? I was given every indication by the SERVICE CANADA employee who I talked to that he needed to determine if my employment termination was or wasn't a result of "just cause", and that this would decide my eligibility for EI benefits. In a nutshell, I really need to know if my Union Rep is correct when saying that EI benefits are automatically granted to dismissed individuals who grieve wrongful dismissal through their union, or am I correct with my belief that I was granted EI beneifts because after hearing the arguments and testimony from both parties, the decision-makers at SERVICE Canada concluded there wasn't enough evidence to support "just cause" for my dismissal. I will really appreciate any information you can give me, because i am at my wits end. I have been struggling to find work since being fired in May, and the biggest inhibitor I am currently faced with in todays challenging Job market is the fact that I am unable to use this employer as a reference who I worked for since 2010. Even if they are aware a bad reference is unlawful, no reference, or not being able to get a GOOD reference is really hurting me for getting gainfully employed again. Even the typical question of : "why did you leave your last employer" at job interviews has created a level anxiety that has made job interviews go bad. Unfortunately, even though I know in my heart i was dismissed unfairly and I have plenty of evidence to support this, it would appear my Union representative feels it is too much bother for him to give me the representation I need. Furthermore, I am hearing from ex-colleagues that he has lately been unusually friendly with the management teams at the workplace. Since I am so very dependant on his help, the last thing I want to do is get confrontational with him. However, if your answers to my question confirms to me that he is misleading me once again, that will help me decide how I need to proceed going forward. I apologize for the long drawn out email, but I am hoping you understand my frustrating predicament and I truly hope you can help me Regards Scott Clark
can you be terminated for being over qualified
I was terminated from my job on October 3rd, 2016. It would have been my 91st day there, so my probationary period would have been up. They stated in my letter of termination it wasn't working out. I am also 25 weeks pregnant, and have a feeling that's why they let me go. Is there anything I can do about it? I don't want to go back to this place if that's how they treat there employees
I was employed by this Company January 4, 2016 and up until now there have been no complaints about my work. As of the end of October, the Company will be in a shortage of work situation due to losing orders from a big customer. Now, the Company is trying to get me to agree to drop to part-time status because I work too slow and am tired all the time, likely because of my age. I've been given two options, part-time status or I resign and a refusal to lay me off. I am so stressed over this and the work environment now, that I am under my doctor's care for stress and panic attacks. Isn't this a form of wrongful dismissal?
Do you take on Contingency files?
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