I've been with a company employed in Alberta. I was hired Jan 6 2010 and terminated Feb 4 2020. I've been a mechanic on

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Customer: HI,
JA: Hello. How can I help?
Customer: I've been with a company employed in Alberta. I was hired Jan 6 2010 and terminated Feb 4 2020. I've been a mechanic on the floor to the main shop lead running my division. 2019 was a pretty hard year were my bosses would write me up records of conversations it seemed over everything I did and how I did it. What they were happy with in previous years they were no longer happy with. And I kept getting in trouble all the time because of it. I have more then 3 records just last year. They wanted me to change my whole person to be a (yes man) and never give my opinion. They put me on a PIP (personal improvement program) because I was not afraid to give my opinion or suggestion on something I disagree on. In late January 2020 there was an accident that happened in my shop and one of my mechanics had a heavy pump fall on his arm and it broke his wrist (very sad). I felt terrible and reported right away to HR. This seemed to be what they needed to let me go through and I got terminated a week later without severance. My place/home if employment taken away very quickly. They told me on my termination paper not to share this with any third party, that is why I've not said anything till now. I feel like I was unfairly treated the last year and that gave them reason to let me go without paying me out. It felt like they were trying to push me out the door and me quit before it came to this. I have lots of friends and family saying I should have come to you right away because it sounds like I have a case. I am just wondering if I have a case/chance of at least getting my severance?
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: I did. With my manager, he did not know. I also did with the lead HR and she said I will not be getting severance because of those records of conversations that they labeled in the termination letter as discipline. She said they were enough to let me go without paying me.
JA: Are you an "at will" employee? Do you belong to a union?
Customer: No I do not belong to a union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Other then showing all the papers I have I'm not sure what else I should say. This has never happened to me before. And my first time I've ever came to the labor board.
Answered by Debra in 3 hours 2 years ago
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Debra
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Debra
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Debra
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166398 Satisfied customers

Jessica

Jessica

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Debra, Expert

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Debra, Expert

I am sorry to hear of this difficult situation.

Are you saying you were dismissed because of this accident?

Customer
That is what the termination letter is saying yes
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Debra, Expert

How is it that they are blaming you?

Customer
They said because I was lead hand and did not stop an unsafe work procedure I'm held accountable.
This was a new thing we were doing and were trying to figure out the safest way to remove this heavy pump off the under side of a highway tractor/truck. We made a wrong choice. There were 2 of my guys working on it and I came to assist as they started to move it. (They were both under the truck) I was up above. I told them to hold up as I wanted to evaluate just how heavy it was and as soon as I lightly touched it with a pry bar it took us all by surprise when it fell off its support hanger. It caught bumped the one techs wrist as it fell and thats what broke it. He did have his hand on it when I touched it supporting it. The other tech was able to move out of the way.
I did write in my statement this could have been avoided if we were using proper assisted lifting equipment. But for whatever reason we sadly did not think of this till after the accident.
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Debra, Expert

And were the other warnings about your conduct or about safety issues?

Customer
No never about that. I have never had a safety problem like this.
All the the write up or as they call them record of conversations (COV) were dealin
Customer
g with my approach to leadership sometimes.
Customer
When I disagreed with my bosses (they are a very big company so the one boss answers to the next as they move to the top) I would state my disagreement a
Customer
nd tell them my opinion. They do not like that.
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Debra, Expert

If an employer wants to dismiss and employee for cause the employer is required to provide the employee with written warnings, unless the employee`s conduct is so extraordinary that immediate dismissal is warranted.

As this was not the case then you should consider a claim for wrongful dismissal and seek damages from your employer.

Generally the damages would be equal to what you would receive had you been dismissed without cause. If that had been the case you would have been entitled to receive "reasonable" notice or pay in lieu of notice.

Generally, in determining what is reasonable notice Courts look at several factors including the length of time you worked for the employer, your age, your position, the likelihood of finding new employment etc.

At the high end, if you were in a managerial position, the Court would likely order one month's notice or pay in lieu of notice for each year of employment. If you were not in a managerial position the Court would order somewhat less.

For these reasons you should be consulting with an employment lawyer as your best next step.

What you can do to find a lawyer is one of the following things.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-***-***-**** or
***-***-**** in Calgary

Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.

Here's the link to their website:

http://www.lexpert.ca/directory/find-lawyers-or-law-firms/

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer
Thank you for the note/advice. I will try get in contact with an employment lawyer. I believe I was wrongfully dismissed.
Should I be letting the comp
Customer
any know I am looking into and pursuing this? Or would that not be good?
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