Ask your question and an employment lawyer in Ontario, BC or Alberta will answer in minutes
Hello
My days are numbered here and I can sense it. My question is the following. My boss is trying to build a case under Law 168 ( anti violence workplace law). He stated in my last Personal Assessment, that some of my co workers were intimidated by me, but he could not give me dates, examples, who complained etc... My questions is the following .. How hard is it to win a wrongful dismissal and get severance if let go for this reason ? I know he is trumping up untruth stories , and with fake documentation so he can have documentation .
thanks
It is extremely hard to terminate an employee's employment for just cause (i.e. what your employer is building a case to do). If your employer cannot provide specific examples of these incidents, it will likely be impossible for it to establish just cause. In short, your employer will not be able to establish just cause to terminate your employment without providing you with concrete examples, which means you'll be entitled to severance pay. In terms of the allegations made in your personal assessments, you should ensure that you ask for clarification (in writing) as to the specific details/incidents.
Comments
I kindly asked my supervisor on clarification of the incident and am awaiting his decision whether or not he gives it to me is up to him. I am non bargaining, and this supervisor has had it out for me for awhile. His Personal assessment of me, is very negative and very unflattering , and he wants me to acknowledge it to put in my file. My question is should I acknowledge it or just refuse it ?
Generally speaking, an employee who is provided with written discipline can acknowledge receipt of the document, but should not agree to its contents. With that said, we would need to review the specific document in question to provide legal advice.