freakoutguy   
Member since: Sep 06
Posts: 666
Location: GTA

Post ID: #PID Posted on: 06-02-09 15:57:01

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.



7wonders   
Member since: Aug 03
Posts: 518
Location: Toronto

Post ID: #PID Posted on: 06-02-09 15:57:25

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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


blorean   
Member since: Apr 08
Posts: 528
Location:

Post ID: #PID Posted on: 06-02-09 16:03:48

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.
- Bill Maher


seenappa   
Member since: May 03
Posts: 254
Location: Brampton

Post ID: #PID Posted on: 06-02-09 16:10:42

Quote:
Originally posted by jake3d

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.



Dear TK,

I am sorry to hear about the unexpected job loss. If it’s any comfort, very large numbers of people around the globe are on the same boat. The governments are doing everything they can.

I do agree with Jake's views and would advise the same. In my humble opinion:

1) Internet is considered company property and if they have sufficient documentation (internet history logs) that you were on internet during office timings they can get their way in the court.

2) It will be very tough to argue the visible minority discrimination angle. All your employer has to do is show couple of office minorities singing his praise to the tribunal to overturn it.

3) Employers never fire anyone alone. They do it in the presence of other colleagues so that they will have witness to back them up.

4) I agree with others that a bad remark on employment record can prove to be detriment to you.

We all have been in your position before. I have swallowed my pride and requested the employer to provide a good reference at least (which can be very useful versus a bad reference). Lawsuit is a very costly affair and has to be undertaken only in case of extreme hardship.

I say, take a month vacation to India. Clear your mind. Explore new opportunities given your NRI experience and vision and make a wise decision. Your Architectural skills are in great demand thought the world (especially Middle east, Singapore, India etc).

All the best and we will be there to help you.

Seenappa.



vikshr   
Member since: Aug 07
Posts: 157
Location:

Post ID: #PID Posted on: 06-02-09 16:35:41


My understanding is, even if ROE says "Terminated", that doesn't automatically take away your EI entitlement.... Until a misconduct or misbehavious is proven on your part, EI people can't say no to you.....
and Onus of proof is upon your employer ....

If not impossible, it is very difficult for an employer to prove misconduct or misbehaviour on employee's part.... and even if employer can prove, who's got time and energy to do that...unless he has some personal grudge against you and is determined to teach you a lesson....

So I don't think you even would need to hire a lawyer, as far as your EI is concerned..... yes you may have to make one or two extra trips to EI office..




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Vik


Aashu   
Member since: Nov 04
Posts: 1353
Location: Vaughan

Post ID: #PID Posted on: 06-02-09 16:58:04

Sorry to hear that TK.

1. Someone has said earlier that is v imp : "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." + 2 weeks notice pay (or whatever your contract says) + vacation pay if any.

2. Also if you are fired you can still get EI.

3. I read a weekly column in METRO news paper (wed or thu) about wrongful dismissal...that person is an expert and can offer advice. I will try to get his e-mail / contact. Even if you want to fight against your boss, all you can get is $ and if he agrees to give you that as per your contract, there is no point putting your energy going against him.

4. Also you can get 5 extra weeks of EI now, due to recession as per budget ?


Good Luck.



morning_rain   
Member since: Feb 05
Posts: 1920
Location: British Columbia

Post ID: #PID Posted on: 06-02-09 18:22:15

TK:

The other posters have been very supportive in their responses to you so you may find mine a bit harsh but :

1) You acted very unprofessionally
2) You are seeking out ways to shift the blame onto your employer (which is unprofessional)
3) If you have complaints about how you were being worked in your office, arguing with your manager is not going to help your case. You needed to approach your manager first and ask to have a discussion about your concerns and what solutions you could come up with to solve your problem
4) RACE IS NOT ALWAYS THE ISSUE - you are always looking for the white elephant in the room (an expression), this is my judgement from reading your posts over the past few years.

5) You would have been better off handing in your resignation then being fired - I dont believe your employer will change your ROE. Career wise, quitting a job is easier to explain to the next employer, than being fired.

6) What the others said - if you have been warned about Internet use, then that is the consequences of what you did.

TK : you dont have a leg to stand on for EI or Human rights purposes is my guess.
You are resourceful and you are a member of a forum (this one) that has numerous discussions on work and professionalism etc.

Dont blame. Look at yourself. Blaming is a really bad thing and will impact your future job prospects. Look at this as a learning experience and move on, but realize YOUR OWN mistakes. dont waste your energy on trying to prove its his fault. You may end up being the one looking foolish in the end.

again - sorry to be harsh.


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~ Morning rain




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