I'm just looking to get information of a wrongful dismissal deformation of character and breech of confidentially. Well

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Customer: I'm just looking to get information of a wrongful dismissal deformation of character and breech of confidentially
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: Well the manager is the one who breech confidentiality, the wrongful dismissal and deformation of character. I have tried several attempts to get a hold of HR with no success and I have tried to e mail a lawyer with no reply
JA: Is the workplace "at will" or union? Is the job hourly or salaried?
Customer: At will, and hourly
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No that would be all
Answered by Debra in 5 hours 2 years ago
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Debra
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Debra
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Debra
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174718 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 that you are in a difficult situation.

Please let me know the basic facts and then your specific legal question.

Also please let me know your province.

Thanks

Customer
I am just looking to see what kind of legal actions I can take in regards ***** ***** this.
I was bartending for a company called state and main in Alberta. I worked for the company for a year and 8 months
I do believe it was an unlawful firing, as I was accused of "stealing", my manager stated that she watched me on the camera giving away free beer, but when I tried to explain that some of the drinks were pre paid and I promod a couple she basically told me no that what I was saying was wrong. She did not offer for me to rectify the situation and basically her word was law and that was that. And because she is telling people I got fired for theft, and I am there farthest thing from a thief I do feel its a deformation of character, and i do have a diploma which requires me to have a clean record, if this was ever told to future employers who may need to contact them it could cost me a job, for something I feel was an accident. For the breech of confidentially , I do have knowledge that the manager who terminated me told staff who were not supervisors the reason why I did got fired
Customer
She is also claiming a drank on shift but if she was looking at the cameras you would have seen me doing my cash out. I do forget to clock out and I normally don't clock out until I'm walking out the door this had never been a problem before. And than all of a sudden it was.
Also all of this occurred after hours. When we were locked up. And the patrons were 2 employees, and another former employee who was coming to say goodbye, so he also left on good terms
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Debra, Expert

If an employer wants to dismiss an 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.

Your employer will say theft merits immediate dismissal. But you were entitled to a full and fair investigation and to tell your side of the story so you could answer fully to these allegations.

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.

As well you can sue the manager personally for defaming you but telling lies about you to others and harming your reputation.

Your best next step is to retain your own lawyer.

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.

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Debra, Expert

Is there anything more I can help you with at this point in time?

Customer
No that is all thank you
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Debra, Expert

You are very welcome.

Please be sure to rate me before you leave the site so that I can receive credit for my work.

Thanks and take good care.

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