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I need a lawyer

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

  1.  
    Gquebed

    Gquebed Well-Known Member

    although they put "other" on the roe... I believe the reason they used to fire me was misconduct in which case they would argue they're not obligated to pay me out severance?

    I can't believe this took them so long. One of my arguments to Service Canada about my EI benefits what's the point out that they hadn't supplied a record of employment because they haven't fired me yet because they were uncertain about their legal position. I think they finally realized that fact
     
    zoic, WHATFG, GroErr and 2 others like this.
  2.  
    VIANARCHRIS

    VIANARCHRIS Well-Known Member

    They are still obligated to pay severance or give notice. They've done neither.
     
    zoic, GroErr, Gquebed and 3 others like this.
  3.  
    GroErr

    GroErr Well-Known Member

    Don't know if it's incompetence or some grand plan (or so they'd like to think). But so far, everything they've done (or haven't done) is all great ammo for a lawsuit, or at minimum an out of court negotiated settlement. Keep calling them out and using all the free resources. Most tend to use a "they'll eventually go away" tactic with these things, just don't let up and they'll have to deal with it, or pay you to reduce the risk of a bigger payout.
     
    GrowRock, TheRealDman, zoic and 2 others like this.
  4.  
    bigmanc

    bigmanc Well-Known Member

    Cover all bases. Make it look like your trying. Make a log of everything youve done. Who you call, the time and there name. I would add youve been trying to look for a job in the same area but been unsuccessful. What your employer is trying to do is squeeze you. Make you get a new job so you cant sue them going forward, the time you get a new job is when your claim is over for wages. Human rights tribunal will side with you in a heart beat. I was a landlord and sat down with someone at landlord tenant board...there stand point is "federal? we cant touch you" and im hoping human rights does the same. It will come a time you get a letter from human rights giving there judgement. I would then contact the top top boss to arrange a meeting to discuss a settlement...go in with your head held high. If they continue to stiff arm you im hoping your losses are less then 25k and file small claims.
     
    zoic, GrowRock, TheRealDman and 4 others like this.
  5.  
    Gquebed

    Gquebed Well-Known Member

    I am a meticulous record keeper. So got that covered. Lol

    And i am not going away. At this point i am tempted to communitcate that to my employer. That tactic just isnt going to work with me. Lol

    Maybe its not a bad idea to approach them with that and let them stew in it... and wait for a buyout offer. But i wont ask for it. I dont want to give the impression im in it for cash. Cause im not. Its principle...plus i dont others to go through this. Truly. So if my case can set a precedent that helps others... thats what im after.

    Then again...everybody has a price...hahahah
     
    GroErr, TheRealDman, zoic and 3 others like this.
  6.  
    WHATFG

    WHATFG Well-Known Member

    No no no no no....do not say that to your employer!...this is one you're going to have to ride out.
     
    CalyxCrusher and zoic like this.
  7.  
    VIANARCHRIS

    VIANARCHRIS Well-Known Member

    I agree with WHATFG. I would avoid any contact with the employer unless it is initiated by them. Even then, just listen and then tell them you will need to talk to your lawyer before responding.
    I would also contact the ombudsman and/or your MP concerning the EI disqualification. How about the labour board? Can they step in at this point?
     
    Gquebed, WHATFG and zoic like this.
  8.  
    bigmanc

    bigmanc Well-Known Member

    Agreed. Human rights will let you know the verdict. Once you get that go to the court house and file a small claim, givin it’s within small claim amount but even if it’s say 40k it’s worth just going for the 25k. Prepare all your evidence just like a book. Make a index at the beginning, number each page. All eveidence you have, include it! ROE, precious pay stubs, your logs, costs and losses, HR judgement, character statements the whole 9yards. Make 3 copies. So once you go to the clerk you will provide the processing fee, a copy to the clerk, she will certify your claim. Now you take your happy go lucky friggin ass to your boss. Look at him/her with a dead stare that you mean business...drop your evidence and court certification on them and tell them those sweet words of “you’ve been served” that court certification will have a early remedy date on it. You, your boss, a judge will sit down in a midget sized court room and ask the both of you if we can resolve this early, you drop slowly..say 23.5k your boss will say whatever he says and if you don’t agree the judge will push it to trial. All this from served to judgement should only take 3 months maybe longer with holidays coming up. Good luck I think you’ll do fine aslong as what you’ve said is honest.
     
    Gquebed, WHATFG, GroErr and 2 others like this.
  9.  
    TheRealDman

    TheRealDman Well-Known Member

    FWIW...small claims court runs up to $50k now.
     
    zoic likes this.
  10.  
    bigmanc

    bigmanc Well-Known Member

    I’m referring to ontario
     
    zoic likes this.
  11.  
    WHATFG

    WHATFG Well-Known Member

    Get two binders and a pkg of numbered tabs. One binder to keep legal docs in chronological order from back to front, and one for general paperwork (pay stubs, roe etc)as bigman suggested.
     
    zoic likes this.
  12.  
    TheRealDman

    TheRealDman Well-Known Member

    ON small claims court max is 50k.
     
    zoic likes this.
  13.  
    Gquebed

    Gquebed Well-Known Member

    EI has an appeal process - request for reconsideration - that I've initiated... and other remedies. Workin on it...
     
  14.  
    Gquebed

    Gquebed Well-Known Member

    I believe the AB HRC process is to review the employer's response, which they are doing now, and then decide to either push the matter to their executive level for full investigation or to offer both parties their expertise/services in conciliation. I suspect they will make that offer/recommendation after they forward my employers response to me and I'll go that route, naturally. But one side or the other is going to be disappointed by their decision and so one or the other party will likely move it to civil court.

    Or, my employer will refuse the offer, and I'll be forced to sue them in civil court.... which is where they might perhaps make an offer to have me just go away.

    I just want to see the reply. It's been 4 days since they submitted it....
     
    zoic, WHATFG, GroErr and 2 others like this.

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