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I need a lawyer

Discussion in 'Canadian Patients' started by Gquebed, Oct 5, 2017.

  1.  
    rocpilefsj

    rocpilefsj Misguided Angel

    Our scenario was a little different then, had an employee cause an incident that resulted in a few injuries on a customers site, minor injuries luckily but injuries none the less. Employee did a post incident drug test and failed (THC) Was apparently a mmj patient but did not disclose this to us and was medicating throughout the work day, again not disclosed to us, admitted to medicating just before going on customers site and told
    us there was nothing we could do about it because he was legal. Sent him home for a long weekend (Thursday afternoon, told him to come in for Monday) Before the end of the day Thursday he texts the other employees present at the time of the incident and tells them to keep their mouths shut or their families will not be able to have open caskets for their funerals! In writing! So I call him in on Friday morning and terminate him based on the texts and not the failed test. We are in the process of writing a policy in regards to this with the help of lawyers and insurance is the reason I asked if you informed your workplace, I will outline some of the things we have been told through our lawyers in another post below since this post is already long winded. It may not be applicable in your case but may help others who may be reading this thread now or in the future.
     
    HotWaterKarl, zoic, WHATFG and 4 others like this.
  2.  
    VIANARCHRIS

    VIANARCHRIS Well-Known Member

    Very different scenario - that employee sounds like he was an idiot to begin with. Gquebed did not medicate before or during work hours, therefore was under no obligation to disclose his use. An employer has a duty to accommodate to the point of undue hardship, in this case that would simply be to make an exception to the zero thc policy when it involves medical use. Impairment is a whole different animal...he was never impaired at work.
     
    zoic and Gquebed like this.
  3.  
    Farmer.J

    Farmer.J Well-Known Member

    Sounds like buddy was a whack job. Who has enough balls to threaten their coworkers, especially after hurting some of them on the job? That's crazy. your company will be better off with out him. Doesn't mean all medical patients are like that. Impairment wasn't the reason the incident happened, his poor attitude caused undue care and attention for the task
     
    Last edited: Oct 26, 2017
    zoic, Gquebed, GrowRock and 2 others like this.
  4.  
    VIANARCHRIS

    VIANARCHRIS Well-Known Member

    I phoned and threatened a boss who fired me for smoking hash in the bathroom back in the day...I talked my way out of a charge while shitting myself at the Calgary police station about 4 hours later! Not a real smart move, lol!
     
    zoic, Gquebed and Farmer.J like this.
  5.  
    Farmer.J

    Farmer.J Well-Known Member

    When I got fired because someone found my assistant's hash pipe, called my boss a spineless bastard. It didn't help the situation. Glad you learned a lesson from it. The things we say in our twenties, eh?
     
    zoic, Gquebed, GrowRock and 1 other person like this.
  6.  
    Gquebed

    Gquebed Well-Known Member

    Well that is a much more interezting story than mine...lol

    Sounds to me like the guy was so stupid as to be an accident waiting to happen, weed or no weed. I mean...anybody that would text threats like that... is clearly short a few grams of full zip.

    Anyway, im very interested to hear about what the lawyers and insurance folk are advising for policy.
     
    R.Raider, GrowRock, Farmer.J and 2 others like this.
  7.  
    whitebb2727

    whitebb2727 Well-Known Member

    I hope you win. I'm not from Canada but I am of the firm belief that every human has certain rights that shouldn't be broken. The right to treat yourself how you see fit is one of them.

    When cannabis was outlawed in the US 144 other countries joined in making it illegal as well.

    Nearly 100 years later its still mostly that way.

    Its a damn shame that people face jail let alone lose a job over a fairly harmless substance.
     
    Last edited: Oct 26, 2017
    GrowRock, Rusher, GroErr and 3 others like this.
  8.  
    Gquebed

    Gquebed Well-Known Member

    Thanks for the support!

    I don't see my fight as necessarily being just a Canadian one. When you look at the progression of medical marijuana over the last couple of decades there's been plenty of crossover between Canada and the United States. IE: the Colorado model of legalization is something that Canada has been following quite closely. Going further back when Canada first started with their medical marijuana program it was at about the same time that California started with theirs and there is plenty of similarities between the two.

    Put it all together and you have countries like Australia Spain Germany all following in the footsteps of Canada and the US.

    So my fight here will have ramifications in the future all over our country (just as the recent Nova Scotia human rights decision had an effect in Alberta) and I'm sure it will spill over to the US as well. All the states that are late to the medical marijuana party will have to face all the labor law changes to.

    So...uhhh... please share my gofundme link and if you can spare five bucks even... help a bro out...lol
     
  9.  
    whitebb2727

    whitebb2727 Well-Known Member

    No problem. I must have missed the link. Can you post it?

    Pm it to me if need be.
     
    Last edited: Oct 26, 2017
    GroErr, zoic and Gquebed like this.
  10.  
    zoic

    zoic Well-Known Member

  11.  
    Gquebed

    Gquebed Well-Known Member

    GroErr, zoic and whitebb2727 like this.
  12.  
    whitebb2727

    whitebb2727 Well-Known Member

    GrowRock, GroErr, zoic and 1 other person like this.
  13.  
    Gquebed

    Gquebed Well-Known Member

    Update:

    So November 29th was the deadline that my employer was given to respond to my human rights complaint. Odd it was a Sunday. Anyway I called yesterday to find out when I might see that response and I was told that it would be forwarded to me within the week. So there will be more on that later...

    Meanwhile, in another issue... with EI Canada ... I found out from them today that my employer has terminated me.

    In reply to an inquiry that I made to them concerning the status of my benefit claim I was told that the delay has been my employers reluctance to submit an ROE. Apparently that was finally submitted on November 29th. Again, oddly that's a Sunday. Order still is that I was not notified by my employer of this. I had to find out by way of a representative for Service Canada...lol
     
    GroErr and GrowRock like this.
  14.  
    WHATFG

    WHATFG Well-Known Member

    So your employer has not told you that you no longer have a job?
     
  15.  
    dienowk

    dienowk Well-Known Member

    That is pretty messed up, I thought they were legally required to inform you that you have been terminated.
     
  16.  
    VIANARCHRIS

    VIANARCHRIS Well-Known Member

    https://www.gov.mb.ca/labour/standards/doc,terminate-employment-after-apr-30-07,factsheet.html#q41

    Do employers need to give notice of termination?
    Yes. The amount of notice depends on how long the employee has worked for the same employer.

    Period of employment

    Notice period

    At least thirty days but less than one year

    One week

    At least one year and less than three years

    Two weeks

    At least three years and less than five years

    Four weeks

    At least five years and less than ten years

    Six weeks

    At least ten years

    Eight weeks

    Employers can either allow the employee to work out this notice period, or pay wages in lieu of notice for the same number of weeks, or a combination of both.
     
  17.  
    Gquebed

    Gquebed Well-Known Member

    Correct.
    Blows my mind how incredibly bad theyve managed this entire situation...
     
    GroErr, CalyxCrusher and GrowRock like this.
  18.  
    Gquebed

    Gquebed Well-Known Member

    Thanks for saving me the time finding more ammo...lol
    I think what must be going on here is that them being an American company operating for the first time in Canada they are simply unaware of Canadian labor laws... I can't think of any other explanation for the incompetence
     
    GroErr and CalyxCrusher like this.
  19.  
    VIANARCHRIS

    VIANARCHRIS Well-Known Member

    It's not incompetence, it's deliberate. They are pissed that you didn't play along with their game and they are trying to make things as difficult as they can for you. They have 3 days to pay you out once they terminate you.
    You need to go after your money + interest and file an appeal with EI. It might be worth paying a lawyer to write a letter explaining that it was a case of wrongful dismissal. Might be worth the $50 to file a small claims case against them for the hardship, stress and inconvenience of them refusing to notify you of your termination and pay severance within the permitted 72 hours.
    Anyway, it's time to piss them off. Call these fuckers out publicly. Get a local news station to run a story about how you have been fucked over by a crooked American company and you want to warn others! Negative publicity is a wonderful motivator. Name them on here. I have a website I can write a story for - PM me with permission and we'll put something together. We'll turn it into an xmas sob story! I have conversed with several talk radio hosts in Edmonton in the past, so I can send them this story and see if they bite.
     
    GroErr, Farmer.J, GrowRock and 4 others like this.
  20.  
    WHATFG

    WHATFG Well-Known Member

    How else are you supposed to fucking know?....omg....
     
    GroErr, dienowk and Gquebed like this.

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