I need a lawyer

[Gquebed]

Claim PTSD from the experience and tell them you need to move to the coast to get away from the memories...on the companies dime. Spring Coho are just starting to bite!

Hahahahahhahah....

I might move to the left coast regardless... once this is wrapped up... i have a number of friends that have left alberta for the coast already and i dont know if i can take another winter like this last one...lol

 

[Beachwalker]

.. sounds like an asshole boss I used to have, somebody dropped a pallet on him, but not soon enough

 

[bigmanc]

100,000$

 

[Gquebed]

100,000$

Ive calculated 117,000 so far.

 

[WHATFG]

...and you know what comes with the cheque don't you?....the "I promise not to discuss document"....

 

[VIANARCHRIS]

...and you know what comes with the cheque don't you?....the "I promise not to discuss document"....

Refuse those terms. The company did not have an issue discussing Gquebed's medical use of cannabis with whomever they chose, they can't expect this to be kept quiet. The ball is in Gquebed's court -

 

[CalyxCrusher]

They will most likely add an NDA to the settlement. Thats the way it always goes. Otherwise they roll the dice and see ya in court. Theyll run the clock to the 11th hour hoping you can't afford a lawyer for that long and give up. Been there done that. Took almost 21months. And in the end you get taxed out the ass since its considered income. Hang in there

 

[VIANARCHRIS]

They will most likely add an NDA to the settlement. Thats the way it always goes. Otherwise they roll the dice and see ya in court. Theyll run the clock to the 11th hour hoping you can't afford a lawyer for that long and give up. Been there done that. Took almost 21months. And in the end you get taxed out the ass since its considered income. Hang in there

Personally I would force them into court rather than allow them to dictate what I can say or do. They didn't give Gquebed that courtesy of privacy. Others might not want the fight or added costs, but I'm all about the 'principle' lol!

 

[CalyxCrusher]

Most of the time its their last ditch effort. There's always a chance you can lose your case depending simply on who handles it. Then youre without work AND have a huge bill. Theres also a list out there that employers can check to see if someone theyre hiring has a history of taking former employers to court. I forget the name its been a few years since my case. Effectively you can end up being an undesirable hire. Its not as simple as black and white when it comes to wrongful dismissal settlements unfortunately

 

[VIANARCHRIS]

Most of the time its their last ditch effort. There's always a chance you can lose your case depending simply on who handles it. Then youre without work AND have a huge bill. Theres also a list out there that employers can check to see if someone theyre hiring has a history of taking former employers to court. I forget the name its been a few years since my case. Effectively you can end up being an undesirable hire. Its not as simple as black and white when it comes to wrongful dismissal settlements unfortunately

I hear what you're saying, but I'm not easily intimidated. They have already offered a payout, so they have admitted guilt - he can't lose in court. Using a legal judgement against hiring someone is also illegal, but hard to prove. I don't think it's common, though. I took Home Depot to arbitration for 'creative dismissal' - and won, and I've had no issues finding work. No lawyer and no NDA, either. I got 4 month's pay and $6000 in rrsp's to get rid of me. His easier option is to settle on an amount and agree to their terms, it's just not what I would do for me.

 

[Gquebed]

They will most likely add an NDA to the settlement. Thats the way it always goes. Otherwise they roll the dice and see ya in court. Theyll run the clock to the 11th hour hoping you can't afford a lawyer for that long and give up. Been there done that. Took almost 21months. And in the end you get taxed out the ass since its considered income. Hang in there

I am figuring in taxes to my number, which puts me at 150k ish now.

I also intend to ask for them to allow either my branch manger or regional manger to provide a good verbal reference whenever required so that i dont run into probs there...

As for nda... dont care much about it one way or the other...

 

[SSGrower]

I am figuring in taxes to my number, which puts me at 150k ish now.

Just a heads up, might not impact you at all, but since there was property damage (the door frame) this would be considered an incident not a near miss. It was a near miss with regard to human injury but the property damage bumps it out of that category.

Were it me I'd take the money.

Good luck to you whatever you choose.

 

[TheRealDman]

I am figuring in taxes to my number, which puts me at 150k ish now

No offence, but they will never pay that number. They will look at precedence and that will be their cap.

 

[SSGrower]

Also ask your lawyer or tax pro if any penalty would be considered income. In my case with UPS not paying an attendance bonus of 150, the bonus was considered income but the 1200 penalty was not.

 

[Gquebed]

No offence, but they will never pay that number. They will look at precedence and that will be there cap.

Correct.
So we will haggle.
The call i got was a fishing expedition.
The email i sent to the ceo reeked of desperation. So they direct the guy i have a good relationship with to call and fish for a settlement number, thinking im so broke that ill take anything.

BUT
#1) I explained to him that ultimately i want my job back and that if that doesent happen then i lose my home. I also explained that a settlement doesnt solve that prob because even i can pay the missed payments i must also demonstrate to the lender that i can maintain the furture monthly paymemts. Without a job that is impossible. Foreclosure. But the sale of my home would leave me with enough cash to fight this through to the very end of ALL legal challenges, plus living expenses for those years, not to mention that corporate support can easily be enlisted if this becomes a constitutional challange, which my lawyer wants badly. Im a poster boy for this.

So... the implied threat is... i lose my house then i have nothing left to lose by fighting to the bitter end and costing them a lot of money. So a settlement better be enough to dissuade me from that.

2) if this goes through the HRC process first then there is still 10 months to go before my case is heard. Add the 4 months that have already passed for a total of 14 months minimum by the time a decison is made. That decision is far more than likely to go my way, which would cost them back pay, lawyer fees and damages (max 10k) for a total of 100k PLUS i get my job back.

Suddenly 150k becomes a bargain.

And the threat is real. Im fuckin angry and i have nothing to lose by fighting to the end. And i will if they try to lowball me and make me go away.

 

[Gquebed]

When you fuck somebody over to the point they have nothing left to lose you make a very dangerous and motivated enemy.

 

[TheRealDman]

When you fuck somebody over to the point they have nothing left to lose you make a very dangerous and motivated enemy.

I hear ya and hope that you prevail. Just keep in mind, settlements are always based on precedence. You can ask for the moon, but they will only pay what the courts, and/or jury’s have already awarded in Canada.

 

[Gquebed]

I hear ya and hope that you prevail. Just keep in mind, settlements are always based on precedence. You can ask for the moon, but they will only pay what the courts, and/or jury’s have already awarded in Canada.

Which sets up the fight.

 

[TheRealDman]

Which sets up the fight.

When fighting against the devil (corps, insurance co’s, gov...etc)...they fight dirty, and with deep pockets. If you’re paying for legal advice, use it! Hopefully he/she will guide you to a fair settlement.

 

[SSGrower]

^^^^^^this^^^^^

Again wish you the best possitive outcome.