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Author Topic: Wrongful Termination
googlymoogly
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Babbler # 3819

posted 11 February 2005 09:44 PM      Profile for googlymoogly     Send New Private Message      Edit/Delete Post  Reply With Quote 
I'm starting this in response to the Walmart thread I was inspired by.

I'm somewhat familiar with labour law, but I know I still have a lot to learn. I was fired a week and a half ago from the store where I've worked for 2.5 years as a cashier part-time (non-unionized). Here's the scenario:
Jan. 24th: after my shift, I count out my cash as I usually do. I'm done (there was a slight discrepancy of a few cents, but everyone has that every now and then, my cash is usually accurate), and the supervisor tells me that some of my laguage was inappropriate and unprofessional. I never said anything worse than "damn," and that was only under my breath after my cash register froze in the middle of a transaction twice.
I tell the supervisor I won't do it again (I think her reaction was a little too much, but whatever, it won't kill me to stop). She also tells me that this is not the first time this has happened (this is the first time I'VE heard of it, aren't employers supposed to give a warning when the infraction actually happens??). She tells me that's okay, and sends me on my way.
Jan. 25: I go in for my second shift of the week. I find out that I've been taken off the cash, and placed in the back, in shipping, which is something I don't know ANYTHING about. Fine, I go back to shipping, and I feel like an idiot, because I have no idea what I'm supposed to be doing. But whatever, it was only a short shift; I got through it.

I checked the schedule the next Monday, and found out I wasn't on it. I asked to speak to the supervisor (the one who made the schedule), and she pulled me into her office, and told me that they were letting me go for 3 reasons:
1)Sales were bad. This is possible, but I had no notice, and I still feel that I deserved some, having been there for 2.5 years.
2)They said they wanted to keep people who were going to be back in the fall. They have NEVER, in the entire time I've been around, done things this way. The guy I worked with all of the second semester LAST year didn't come back in the fall, and he told them this as of January of that year, so they had plenty of time to let him go. Besides, they have to train at least 2 dozen new workers every September anyway since many don't return, so I don't buy this at all.
3) They "weren't impressed" with my work. Umm...why didn't they let me go earlier? Not to mention, this is the first time I have heard of this. Also, I asked for specifics, other than the language one, and I was not given any. Aren;t they required to give me more of an explanation than that?

They also said that the fact that I knew that tehy let some people go after the beginning of each term was enough notice. I mentioned this to my internship supervisor, a legal officer at the PSAC, and she thought this was a crock, as do I. I have been there for 2.5 years, have never gotten a complaint about my performance before now, and was always kept around after every term rush because my performance was good. Not only that, I have been there longer than any of the other non-supervisory cashiers there. I always thought that the bad things people said about my workplace were a crock of shit until now.

One more thing: when I was talking to the supervisor about why they were "letting me go," I asked to speak to the manager, since, as the supervisor mentioned, the ultimate decision was his. He came in to the office, and I explained to him how I felt as politely as I could, although I'm sure it was obvious that I was upset. He asked me to reiterate to him what M (my supervisor) told me about why I was fired. I told him the three reasons I gave you. He had to ask me what the performance issues were; he didn't even know!!! That made me even more suspicious.

I am living paycheck to paycheck as it is (or was, actually), I think I deserved a better explanation, and my best efforts didn't get one. My placement supervisor at the PSAC, who has more experience in these matters than I do, was suspicious as well, and suggested that we (she and I) give CUPE a call to see about getting somethong started at my former workplace. Even if nothing happens (which is likely), it will put some pressure on the management team, which would be good. I know if I said something to management myself, they wouldn't take me seriously. But having some additional force will help.

Just felt like ranting about that. Any advice would be much appreciated! I'd be more than happy to clarify anything if anything is unclear.


Edited to add: I'm not really expecting anything to really materialize, but some actual pressure on the employer would be great; there have been other workers who have been given inadequate explanations for being dismissed who used to work there; I have talked to a few.

[ 11 February 2005: Message edited by: googlymoogly ]

[ 12 February 2005: Message edited by: googlymoogly ]


From: the fiery bowels of hell | Registered: Mar 2003  |  IP: Logged
Sara Mayo
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posted 11 February 2005 11:15 PM      Profile for Sara Mayo     Send New Private Message      Edit/Delete Post  Reply With Quote 
Wow, what a terrible situation!! We're feeling your pain, googly... It sounds like a totally unfair firing!!!

So they gave you zero notice or severance?? That's totally illegal if you have been working there more than 3 months (unless they fire someone for willful misconduct or other major reasons). With 2.5 years of service you must get at least 2 weeks written notice or two weeks severance pay without notice. Did they ever give you a written notice with the reasons for your lay-off/firing?

You're in Ontario right?

Read this about Ontario's Labour Standards when it comes to termination:
click.

It sounds like you should call up the Labour Standards people and file a complaint. It seems like a pretty clear violation of the law from what you've posted.

We're here for you, googly!

Edited because I re-read your post and answered my own questions!

Edited because there is one part of your story I don't understand: why hasn't your PSAC contact suggested you file a complaint with the Labour Standards Board? Don't they realise you have legal recourse and shouldn't they be encouraging you to pursue that option?

[ 11 February 2005: Message edited by: Sara Mayo ]


From: "Highways are monuments to inequality" - Enrique Penalosa | Registered: Feb 2003  |  IP: Logged
googlymoogly
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posted 12 February 2005 12:08 AM      Profile for googlymoogly     Send New Private Message      Edit/Delete Post  Reply With Quote 
Thanks for the support!

I guess they didn't suggest that because it's only a part-time crappy job, and I was only going ot stay around until the end of April anyway. All the same, I needed to stay up until the very end because I'm living paycheck to paycheck as I mentioned before. I probably won't get any results until it's really too late. Besides, as my placement supervisor mentioned, they likely wouldn't order "specific performance" in a case like mine, even if they did find that I had been wrongfully dismissed. (for those who don't know, "specific performance" is a remedy that is sometimes available in contract cases where the court/tribunal orderes a party to the contract to comply with the terms in the contract; this might be done in addition to, or instead of, giving the wronged party financial damages or something like that). They probably wouldn't do that in my case because by the time they get around to hearing it, it would be too late.

Edited because I'm a really bad typist.

[ 12 February 2005: Message edited by: googlymoogly ]

[ 12 February 2005: Message edited by: googlymoogly ]


From: the fiery bowels of hell | Registered: Mar 2003  |  IP: Logged
Sara Mayo
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posted 12 February 2005 12:27 AM      Profile for Sara Mayo     Send New Private Message      Edit/Delete Post  Reply With Quote 
googly, don't be so pessimistic about the process. It definetely takes time, but you'd be surprised at the reaction of Employment Standards folk. Small case or not, the law was broken and it is their job to make your idiot employer pay (either finacially or morally at least). It's at least worth a phone call to find out more about the process. It sounds like you'd at least get two weeks pay out of a fight, and that's worth a shot, eh?

It's still weird that your PSAC rep would think it's not worth fighting because you were going to leave in two months. That has nothing to do with the fact that the law was broken, your rights were violated and you are entitled to compensation.

By the way, you might want to rename this thread. It's not really about organizing (although your story makes it crystal clear why more workplaces should be organized), and more people could come and help you if you make it clear its about wrongful termination (that usually get every babbler's blood to boil!),


From: "Highways are monuments to inequality" - Enrique Penalosa | Registered: Feb 2003  |  IP: Logged
googlymoogly
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Babbler # 3819

posted 12 February 2005 02:29 AM      Profile for googlymoogly     Send New Private Message      Edit/Delete Post  Reply With Quote 
Oh I'm not sure if that's the reason why she didn't suggest it; I was just speculating. It's entirely possible that it's something different.
From: the fiery bowels of hell | Registered: Mar 2003  |  IP: Logged
Negad
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posted 12 February 2005 10:00 PM      Profile for Negad   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
hey googoly moogoly, I am so sorry to hear that you lost your job. would you qualify for EI?

by the way, what is PSAC?


From: Ontario | Registered: Jan 2005  |  IP: Logged
pogge
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posted 12 February 2005 10:06 PM      Profile for pogge   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
Public Service Alliance of Canada.
From: Why is this a required field? | Registered: Mar 2002  |  IP: Logged
James
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Babbler # 5341

posted 12 February 2005 10:19 PM      Profile for James        Edit/Delete Post  Reply With Quote 
Though its now on the "back page", this thread shows that they don't always win. It's definitely worth fighting.
From: Windsor; ON | Registered: Mar 2004  |  IP: Logged
googlymoogly
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Babbler # 3819

posted 12 February 2005 10:21 PM      Profile for googlymoogly     Send New Private Message      Edit/Delete Post  Reply With Quote 
Yup, pogge's right; I'm doing an unpaid internship there as part of a course I'm taking here at Carleton. I work in the organizing branch, creating documents for organizers that explain basic things, like which classes of supervisors/"managers" can and which ones cannot be members of a union, and right now I'm also doing a document to help organizers determine the appropriate way to structure bargaining units (i.e. one big bargaining unit, or a bunch of smaller ones, what might be most appropriate in different situations, etc.). Basically I'm just putting all this stuff into lay terms, since many organizers don't have a legal background.

Once again, thanks for the support everyone I'm looking into what I can do, and I'll keep you posted.


From: the fiery bowels of hell | Registered: Mar 2003  |  IP: Logged
Barcode
rabble-rouser
Babbler # 7952

posted 12 February 2005 11:02 PM      Profile for Barcode        Edit/Delete Post  Reply With Quote 
googlymoogly, I'm sorry to hear that, but then you are probably aware that Wal-Mart isn't exactly a fair employer on many counts. I'm sure the Wal-Mart employees in this story can emphathize with you in terms of mistreatment. Wal-Mart Bias Case Moves Forward This reeks of discrimination, but I don't know how it would be handled here under the law versus the USA, if Wal-Mart was found guilty of the charges.
From: Saskatoon | Registered: Jan 2005  |  IP: Logged

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