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I have worked in the same nursing home for almost 15 years. Recently I have been fired. There was a resident in the home whom I became very good friends with. We spoke every day. This gentleman was 95 years old, however did not act a day over 70. He was very smart and very independent. He was taking the bus all over town 2 weeks before he died. He died when he fell and hit his head. After working the night shift one day, I found an envelope on my windshield from my friend. Not uncommon as he always wrote to me. At around 3 in the afternoon I opened up his letter. Attached was a cheque for $1000.00. The letter went on to say why he wanted me to have the money. Also, he had set up a bank appointment for me with instructions to deposit it into a tax free savings account. My appointment was less than a half an hour away. I knew the rules at work about accepting money, but I followed his instructions anyway. I felt pressured and I had not had sleep in almost 20 hours. I made a bad judgement call. When I left the bank, I decided there was no way I was going to keep his money. I was unable to get him his cheque as the bank holds it. I immediately wrote him a letter explaining why I had to return the money and I thanked him for thinking of me. His money and letter were in his possession within 2 days. I paid him cash because I he banks at the nursing home and I did not want a fellow employee seeing my name on a cheque. He understood. I received a beautiful card in return from the resident saying that he understood why I had to return the money. After he died his daughter provided my place of employment with a copy of the cheque i opened the tax free savings account with. I was questioned about this and explained everything. I provided them with the letter I wrote to him and showed them the card he gave to me. I did not keep any money. I knew I had made a mistake at first, but I felt good knowing I corrected it immediately. However my employer claims that I did except the money and despite the evidence that i did not, I have been fired. I did not report this incident to them because I didn't keep any money. I think perhaps a suspension would have been appropriate considering my bad judgement call, but I dont think I should have been fired for rectifying the situation. I was even called into the police station where I showed them the card I received from the resident clearly stating he received his money. My employer says it was a big cover up but they are mistaken. Should I hire a lawyer for wrongful dismissal?
Thank you for your question. My name is Stephen Gillman and I am an employment lawyer at Samfiru Tumarkin LLP. From what you have provided, I am of the initial opinion that you have been wrongfully dismissed and you are owed severance. In order confirm my opinion, I would need to speak with you to gather some further information/details. I would be happy to provide you with a free and confidential consultation so we can fully discuss. Please email me directly so we can set up a time to speak (stephen.gillman@stlawyers.ca).