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I am fired. What next.......




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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tamilkuravan

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Post ID: 137436 06-02-09 14:55:24
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viggy
Senior Desi
Member since: Aug 07




Posts: 569
Location:


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.

 
Post ID: 137438 06-02-09 15:08:58
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desi_driller
Senior Desi
Member since: Sep 04




Posts: 419
Location:


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

 
Post ID: 137440 06-02-09 15:19:20
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jake3d
Senior Desi
Member since: Sep 03




Posts: 2962
Location: Montreal


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.:D

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

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Post ID: 137442 06-02-09 15:32:30
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laksa
Desi
Member since: Dec 05




Posts: 50
Location:


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.

 
Post ID: 137443 06-02-09 15:34:59
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OneIsACrowd
Desi
Member since: Oct 04




Posts: 95
Location: Toronto, Canada


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.


 
Post ID: 137446 06-02-09 15:46:06
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7wonders
Senior Desi
Member since: Aug 03




Posts: 518
Location: Toronto


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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E mere vatan ke logo.............

If you want to do something for our country, just dont support corruption or be part of it

 
Post ID: 137447 06-02-09 15:49:33
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freakoutguy
Senior Desi
Member since: Sep 06




Posts: 666
Location: GTA


Sorry to hear about this. If things were really as bad as you pointed out and you were being discriminated against, you should pursue legal recourse.

If you can provide tangible proof that you and others in the coimpany were discriminated against because of ethnicity, you can approach the Ontario Human Rights Commission. Even otherwise, if your dismissal was unfair you can either fiule a grievience with the Ontario Ministry of Labor AND file a lawsuit.

In general, an employer is permitted to terminate employment without just cause, provided they give an employee reasonable notice or compensation instead of reasonable notice. In your case, you were not given notice, so make sure that that you get the severence pay according to the Ontario Ministry of Labour regulations. This is based on the length of time you have worked with the company and is usually one week pay for every year of service.

Also remember, that even if you are fired (as opposed to being laid off), you can still get EI.


 
Post ID: 137448 06-02-09 15:57:01
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7wonders
Senior Desi
Member since: Aug 03




Posts: 518
Location: Toronto


http://www.labour.gov.on.ca/english/es/guide/guide_15.html

http://content.monster.ca/14104_en-CA_p1.asp

check it out

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http://www.youtube.com/watch?v=YMVuD_in67M

E mere vatan ke logo.............

If you want to do something for our country, just dont support corruption or be part of it

 
Last edited by: 7wonders on 06-02-09 16:00:40
Post ID: 137449 06-02-09 15:57:25
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blorean
Senior Desi
Member since: Apr 08




Posts: 528
Location:


See the codes at the back of your ROE (Record Of Employment)...if it says you were fired, you don't get a dime. And by the way, why the heck should tax payers pick up your tab if you got fired for fighting with the boss? You know what I mean? I have worked in many tough situations but never ever screwed around in the workplace. That's one place where you don't take your ego.

Stop thinking about getting into legal battles and just focus your energy on getting another job. Try USA.

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If you have a gun, you can rob a bank.
If you have a bank, you can rob everyone.
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Post ID: 137450 06-02-09 16:03:48
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