ecom   
Member since: Jun 07
Posts: 115
Location:

Post ID: #PID Posted on: 06-02-09 18:41:42

Quote:
Originally posted by tamilkuravan

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



Sorry to hear about your job loss tamilkuravan,

In short, If I were you, I would certainly seek legal advise and take appropriate action to protect my dignity and self respect. Under any circumstances I would never accept being treated like "SECOND CLASS CITIZEN" . Why should one assume that "GORA BOSS" will get away with your wrongful dismissal?

If you are sure that your dismissal was wrongful, then you should exercise all possible legal options.

Best of luck.

Ecom



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

Post ID: #PID Posted on: 06-02-09 18:48:48

Quote:
Originally posted by ecom


Sorry to hear about your job loss tamilkuravan,

In short, If I were you, I would certainly seek legal advise and take appropriate action to protect my dignity and self respect. Under any circumstances I would never accept being treated like "SECOND CLASS CITIZEN" . Why should one assume that "GORA BOSS" will get away with your wrongful dismissal?

If you are sure that your dismissal was wrongful, then you should exercise all possible legal options.

Best of luck.

Ecom



I am editing out the comment I made here..because I dont want to appear to be threatening tk, which I was not.


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~ Morning rain



Fido   
Member since: Aug 06
Posts: 5286
Location: Canada

Post ID: #PID Posted on: 06-02-09 18:54:07

Further use a legal recourse / HRDC recourse as a negotiating factor for getting termination revoked / taking a notice period / severance pay which shall stand for records ...

Try everything which does not harm you / cost you a lot .... you ve got nothing to lose ... but review your situation and look for different opportunities ....


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Fido.


ranirani   
Member since: Jan 09
Posts: 71
Location:

Post ID: #PID Posted on: 06-02-09 18:56:42

To explore legal action you need evidence, as does your employer. Your employment contract lists terms and conditions of employment. Typically, you get fired for 'just cause' or get notice or pay in lieu of notice. The warnings you have received may constitute evidence of progressive discipline that the employer can use as evidence of 'just cause'.

However, that has to be given to you in written.The employer is unlikely to give this to you in written without taking some legal advice themselves. If you have nothing in written about cause of dismissal, the ROE cannot elaborate beyond termination either(this part is my opinion, please confirm).

At this point, you have to decide what your focus is TK. It is an emotional moment right now, and your reaction is possibly based on the history of the relationship you had with the employer rather than one incident by itself.

It will be expensive and more importantly, time consuming, to invest your energy in a legal direction. That being said, if you believe your rights have been violated, then you are perfectly within your rights to explore legal options. Too often, we just take it or ignore such things.

It may be best to try and consult a lawyer specializing in employment law for your own satisfaction. And then move full speed ahead to get a new job. I have seen cases like this before happen unfortunately. Typically the lawyer tells you that it might take years and lots of money ...again it is your choice on that issue.

My suggestion: It is good you are sharing this. It helps get it out of your system. Give yourself the weekend to cool off, and then hit the market.

Good luck.



sville   
Member since: Dec 08
Posts: 242
Location:

Post ID: #PID Posted on: 06-02-09 20:36:55

You are a tough guy. You will get over this.

Take this as an opportunity to learn about your past few months/year at that place.
Try to identify your good learning experiences.
Think about how you could have done things better. If you ever messed up anything (which I accept, we all do), try to think about ways you could have avoided that and done it better.
What all experiences/knowledge would have helped you? Try to gain that.
Well, this is all theory. I know, it's tough when it comes to implementation. But no harm in trying, right?

It's almost never about race.
Your ROE will have something like "let go because of company's financial reason"
(I know, I've got one with that :D)
Nothing bad, nothing to be ashamed of. Usually companies are ashamed of this.
If you are asked that question in interview, tell them honestly that you were let go because of financial reasons.
Usually, companies take good precautionary measures before announcing any layoffs. You are compensated "well", depending upon your tenure with the company and your position/power. We are at tough luck, taking any legal actions. I'd invest my time in more productive activities unless you are sure you have valid reasons and somewhat documented proof.

Have faith. Keep good attitude.
Finally, never ever burn bridges. You never know when you might need help.

Read that "sticky" Job-Interview-Questions thread under "Jobs" section.



alexm   
Member since: Jun 05
Posts: 419
Location:

Post ID: #PID Posted on: 06-02-09 20:59:13

Quote:
Originally posted by blorean

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?

:down:

Give the poor guy a break. Do you kick someone when he's down? He was asking for some advice. Yes, he may have made a mistake, but you could be more sympathetic in pointing that out.

TK - I have dealt with HR on matters like this in the past. Have you received written notice earlier that you were not performing your duties? That you spent too much time on the internet? You cannot be fired for non-performance with prior notification (not verbal). If your employer cannot prove this, you may have a case.

However, do you want to fight this? If so, you should work out how much it will cost you financially. Hope this helps...



Krazzyfour   
Member since: Apr 08
Posts: 185
Location:

Post ID: #PID Posted on: 06-02-09 21:05:42

TK,

Sorry to learn that you were fired at a time when Canada lost over 129000 jobs in January monthout of which over 50% in Ontario against analyst prediction of 40000 Job losses.Please remember that this by far a very large number considering the size of canadian economy. You must be aware that this is a very tough time to find another job. as regards proving use of internet at office, it is very simple for any company to prove as history is being created user wise and any techie can vouch for this.

Consider following facts and reality of life before taking/making any decision:

Whatever everyone says, This will remain your problem and you have to solve this. Please do not get influenced by anyone suggestion and take an impulsive decision.

Second, Remind you that once you enter into a legal battle with your employer, you may get couple of thousand dollars by way of compensation but it will become even tougher and may be impossible for you to get into job in good companies in Canada. If possible, please move on. Learn lesson from this and look for new job. Also please do mention about the profession you are in so that other can offer a helping hand in getting you a job.

Third, Stop fault finding in others attitude and see yourself. Improve your attitude which is most important in Canada for getting a job. Know it look a bit harsh but anyone can make out after reading your posts.

Rest it is your life and you have to decide how you want to live and decision will be yours and all losses and gains will also be yours.

Good luck,

Take care.




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