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Cause for Dismissal

17th Jul 2013

I have been ignoring the bullying that has happened to me for four-and-a-half years. It came to a halt when I was escorted out of the building like a common criminal. Then they terminated my five-and-a-half year employment, without cause. No one should be subjected to this kind of treatment. I have never had this happen to me before. This is a big black mark on my employment record. What would be my next steps? more

15th Jul 2013

Today, much of the Canadian work force believes they are being “bullied” or “harassed.” But despite statutory definitions and workplace policies attempting to define this behaviour, it is still usually a matter of perception. A tough boss to one employee is often a bully to another. Since bullying and harassment are often in the eyes of the beholder, when do our courts and labour tribunals intervene? And when does bullying or harassment justify a successful lawsuit? more

I have been on maternity leave for about a year. Two weeks before my scheduled return to work, I was informed that, because of some restructuring within the organization, my role is changing and that I have the option to return or take a severance package.

The details of the package were e-mailed to me and the package will be equivalent to around four months of my salary (which I think is generous considering I only joined the company in May, 2011). In terms of the changes to the job should I choose to return, I will require more “technical” skills, but the rest of the requirements are pretty much the same.

Is this legal? more

I was laid off this summer. After discussing with several lawyers the severance package offered, I was told I deserved more so I contested the offer.

After negotiating various issues, the last offer made to me was ‘taken off the table’ by the employer and the matter deemed ‘closed’ by its lawyer. Can my employer not pay me anything at all because my lawyer and I did not accept the offers they proposed?

I worked with my employer for close to 25 years and was laid off without cause and with no notice due to a change in the company’s business needs. Am I not entitled to the minimum severance offered under employment standards legislation? more

I work for a company and I am currently on a parental leave. The division of the company I work for has since been shut down and I have no job to return to.

Since I am on leave, I heard this news from a colleague at a different company – no one (not even human resources) reached out to me to advise me of the closure. I contacted HR to find out exactly what was going to happen to me. HR advised that most likely no “like positions” would be available to me when I return and I would be given a severance when I do “try” to come back. I was not told the exact dollar figure of the severance, although I think this is important information for me to know.

Shouldn’t the company tell me exact figures of a potential severance package and secondly, shouldn’t they be obligated to provide me a position with a similar salary upon my return? more

I was terminated without cause from my job recently after working there for three years. The company said it was a business decision. They have given me three weeks termination pay and my benefits until this month. If I agree to sign a “full and final release and indemnity” form they are offering one additional week of termination pay and an additional week of benefits. Is this fair or should I ask for more? more

Ultimatum tantamount to dismissal

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25th Nov 2012

Following a bad day at work and thinking that he would be fired, Philip Chan elected to resign instead. However, in another tale from the workplace trenches with an ending you would not expect, a court found that Chan’s resignation was actually a termination. more

In Canadian workplaces today, sexual harassment is defined by a thin yellow line. Sexual innuendo that can easily be seen as harmless flirting to one employee, can just as easily be seen as an invitation to a lawsuit, to another. As sexual harassment is often in the eyes of the beholder, when will an employee’s inappropriate comments cost him his job? more

Office romances

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For company veteran Bryan Reichard, the Garden of Eden simply had too many forbidden fruits. Reichard, a senior manager at Kitchener, Ontario’s Kuntz Electroplating Inc., was a model employee for nearly 25 years, until he laid eyes on Ms. Thompson, one of the administrative assistants who he would eventually date as part of an extra-marital affair. It was a fatal attraction that later cost him his job. more

Write resume’s with caution

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Lying on your resume can get you fired – or at least land you in very hot water. That is what Yahoo and its current CEO Scott Thompson learned last week when it was widely reported that he did not earn the computer science degree that his resume claimed. According to Thompson an executive search firm added the degree to his resume years ago and when it wrote his public biography, the story just stuck there. more