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| quote: | Originally posted by DigiNut
Whether or not your actions were grounds for termination is not even the issue. Ontario labour law doesn't care about why you were terminated, it only guarantees you approximately 1 week of written notice or pay per year of employment upon termination.
If they fired you on the spot and refused to pay anything further, then you're entitled to 1 week of pay because you've been there more than 3 months. That's all you're going to get from the labour board. They will probably tell you that if you want to sue for wrongful dismissal, then you need to get yourself a lawyer, but you then forfeit your right to the aforementioned termination pay (it actually says this right in the ESA).
And while I am not a lawyer and can't say anything about your specific circumstances, I can tell you that wrongful dismissal suits are extremely rare here compared to the USA, and successful ones are almost nonexistent. There have been cases much more serious and complicated than yours (employment over 20 years + new ownership + twisted politics + termination based on false accusations of fraud etc. - this happened to a family friend) which have still gone nowhere in court.
Even if you won, chances are the legal fees would dwarf whatever wrongful dismissal penalties you could suck out of some shit retail job. Just find another job; you'll be better off in the end.
This business about warnings and notices - if your company has a 3-strike policy or some similar thing, then you could try taking your "case" higher up in the chain, but not to court. |
Your post is very accurate.
The only option; if you can take the headache and the emotional drainage is to seek a lawyer willing to do the work on a per win basis. It won't guarantee you much. The courts rarely award more than the earnings for a full year if the employee is under 5years with the company.
Best of luck.
P
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"People seem not to see that their opinion of the world is also a confession of their character."- Ralph Waldo Emerson, US essayist & poet (1803 - 1882)
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