Guys,
Today morning my Boss fired me. This is what happened :
3 days back, my boss came running to me, as said that he had an urgent work for me to do and that I should do it by the end of the day. I refused, saying that I was not a Robot to do urgent work at his given timing. We got into an argument and the boss left leaving me to do my work. i finished it today morning at 11:00 am (2 work days and 2 hours) and gave it to him.
he then called for a meeting with me, him, his associate and a receptionist to take notes (all gora's). He asked me what was wrong. I said nothing was wrong. Then he asked me why I told that I was being worked like a RObot. I did not answer to that and then he told me that he has seen me a number of times on the internet and that I was warned many times before. I told him , why was he singling me out (for the record for the past 3 days , i was not on the internet) when I saw the Gora receptionist being on the internet all the time. I asked him if he warned her and why he singled me out. Was it b'cos that I was a "Visible Minority"?.
He then told me that he could not work with me and asked me to tender my resignation. I told him that he could not force the resignation upon me as per the Employment standards act. When he heard this he told me that I was fired. I walked out.
So what are my rights now? Will I be able to get my EI? How can I prove my point? Can I take him to the Human Rights tribunal in which I can (try to prove) that he always intimidate Visible minorities. he always gives warning to selected Visible Minorities in group meetings but then when he fires Gora's he always does it in secret. also when visible Minorities resign, he never gives them employment letters and samples of work drgs whereas when Gora's do, they always get Employment letters and sample of work drgs.
Thanks

Peace by TK

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Sorry to know about that TK... In this economy, wiser way may be to have avoided the confrontation in any case. You can pursue a law suit, but will it do any good? If your firm has good market reputation/name, they may want to rehire you or pay you etc. If it is a small firm, they won't care for a bad name in market... Also, it will act as a flag in your resume and might come in the way of you getting hired elsewhere. Best thing now will be to get another job. If you feel strongly about ur ex-boss, you can probably start on the law suit after getting the job.

Dear TK,
As market is too down, your Boss took advantage of your position.We are going thru extremely bad times, it is better to avoid any PANGA at workplace. Uptill 15 days ack, I was fighting with all my Boss . But, I have also changed completely due to this Economic Scenario. To me, nothing will work against your Ex-Boss, forget him like a Bad Dream. Search for a New Job. I am sure you will get better one shortly.

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Driller the thriller

Sorry about that.
I agree with the others...you made a bad move. Now move on. If you were fired you may not get UI...especially if your boss can prove that you were on the internet and were given sufficient warnings. The others internet use are not the issue, yours is.

If I were in your position I would try to convince the boss not to put a firing as the cause of termination. If it is a layoff or downsizing you will get UI. You have nothing to lose but your pride...and 10 mths of EI to gain. Apologize and make sure you get your UI. It maybe in the bosses best interests since he probably knows you are unpredictable and may go to court.

Of course, you can also prolong the agony by going through with the law suit.

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Sorry for you TK. I wuld suggest you read your employment contract carefully and make sure that the termination was done as per the terms of contract. Secondly, you may want to check with the benefits (insurance company) administrator as to the currency of your coverage - it might be valid until the endof the month in which case you should get all pending medical things done (dental/vision). Also ask them if they can continue to cover you at the same rate for a few weeks longer (for a fee ofcourse) without new underwriting process while you look for another job. You may also want to spak to a few lawyers and get some legal advice. Many lawyers might be willing to meet with you for a free 15-30 min initial consultation. That may give you a better understanding of your options. Finally, all the best for your job hunt.

Hi TK,

Sorry to hear about the situation. You have always been very helpful to everyone on the forum.
I have to echo what others have said. It was not the wisest thing to do. These days it is better to go out of your way to keep your bosses happy. work overtime if needed, work on weekends.
After all, we are the employees and they are the bosses and right now the dice is loaded heavily in their favor.

Anyhow, I'm sure you already realize this so I won't make you feel any more upset. What done is done.
First of all, chat with some lawyers who have experience handling wrongful dismissal cases.

My first impression is that it will be hard to prove racial discrimination or visible minority discimination.
But you may have a case for wrongful dismissal since you were asked to do some work which could not be completed within the timeframe given.
You will have to defend your position with proof that any other professional with your skills, education and experience also could not have completed the given work in the said amount of time.
Also, show that you had personal things to attend to and could not work late that night.
Talk to a lawyer on whether a case can be made out of this.

The Internet use will work heavily against you.
I know, and everyone knows, that everyone uses Internte at work to check email, etc. but it is after all company's time and property and they pay for it.
If company has got it in for someone, it's very easy to blame them with non work Internet use.

After talking to a lawyer and if he recommends, I will also suggest that you work it out with your boss such that you can claim EI.
You will have to take the bitter dose of humiliation and go talk to him again.
But if you are financially secure and don't need that 10 months of EI, then no need.

Good luck and peace be with you.

Tk,
Don't loose hopes, talk to a Employment dispute lawyer, dont pay them, ask what he can get out of it and make a good deal.

Your down side
-He knows you were using too much internet, but can he prove? you can also be using internet for work.
-You had argue, but he asked to finish 2 days work in 2 hours?
I would say fight for it

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