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Author Topic: Legal advice/help
peacepiper
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posted 13 March 2003 02:41 AM      Profile for peacepiper     Send New Private Message      Edit/Delete Post  Reply With Quote 

[ 14 March 2003: Message edited by: peacepiper ]


From: fd | Registered: Apr 2002  |  IP: Logged
Flowers By Irene
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posted 13 March 2003 02:58 AM      Profile for Flowers By Irene     Send New Private Message      Edit/Delete Post  Reply With Quote 
How long has this person been working there?

An employer can fire an employee without cause or explanation within 90 days of hiring.
The Ontario Ministry of Labour website may be able to answer your questions better, as you know the specifics involved. (see also Employment Standards Act of 2000)


From: "To ignore the facts, does not change the facts." -- Andy Rooney | Registered: Aug 2002  |  IP: Logged
peacepiper
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posted 13 March 2003 06:51 AM      Profile for peacepiper     Send New Private Message      Edit/Delete Post  Reply With Quote 
Thanks for the link

About 8 months


From: fd | Registered: Apr 2002  |  IP: Logged
beibhnn
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posted 13 March 2003 12:26 PM      Profile for beibhnn     Send New Private Message      Edit/Delete Post  Reply With Quote 
Without knowing any of the specific details in your friend's case, it's difficult to give any information. If your friend is considering legal action, the main question is whether he was fired for cause (i.e. did he do something that justified the hospital terminating him.) If the answer is no, he is entitled to 1 week's notice (usually paid as severance) according to s. 57 of the Ontario Employment Standards Act plus any vacation pay owing. That is the absolute minimum he should have received. He may be entitled to more notice at common law - probably a month or so. It's not a lot of money so he may want to consider pursuing the matter himself in Small Claims rather than hiring a lawyer, or possibly go to one of the legal clinics in TO (there's probably one or two run by law students who will do it for almost free).

Another possibility is a human rights claim. If he was fired because he was weird, that is not cause, but it is also not a reason to make a complaint to the Human Rights Commission. If there was some other reason he was fired (you hint at discrimination) your friend may want to call the Ontario Human Rights Commission for more info.


From: in exile | Registered: Oct 2002  |  IP: Logged
Aviator
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posted 13 March 2003 01:51 PM      Profile for Aviator     Send New Private Message      Edit/Delete Post  Reply With Quote 
Having been through this myself, my advice (for what it is worth) to all workers is to document anything that might be deemed confrontational or controversial. Might even be worthwhile to ask your employer, "Can you put that in writing please?"

I am certain that if a boss is nothing more than a prick and a bully that can be enough to take the wind out of his/her sails.


From: British Columbia | Registered: Nov 2002  |  IP: Logged
paxamillion
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posted 13 March 2003 02:33 PM      Profile for paxamillion   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
Have you thought to talk to your friend about seeing an employment lawyer?
From: the process of recovery | Registered: Jul 2002  |  IP: Logged
peacepiper
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posted 14 March 2003 01:32 PM      Profile for peacepiper     Send New Private Message      Edit/Delete Post  Reply With Quote 
Thanks for the replies.

We are working on a case to take to human resources. The discrimination thing is a last resort but should be a guarantee to get the job back.


From: fd | Registered: Apr 2002  |  IP: Logged

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