I was released from my employment due to lack of funding but the minutes from the meeting say otherwise. Do I have a

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Customer: Hello. I was released from my employment due to lack of funding but the minutes from the meeting say otherwise. Do I have a case and if so can I speak to a labor lawyer about it?
JA: The Employment Lawyer can help you determine if you have a case. Where are you located? These laws vary by state.
Customer: I am in Saskatchewan. Yellow Quill First Nation.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: That is all I believe.
Answered by Debra in 14 mins 1 year ago
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Debra
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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

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Debra, Expert

Please note that I am working from my computer and not actually texting. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

Finally, although the site offers a call option I personally do not take calls but just work online. Some find this confusing as it looks like the offer is coming from me but that is just how the site presents the offer and it really isn’t coming from me. Some of the other experts do take calls and so you are very welcome to request a call on this post and an expert may take it. They will have the benefit of reading our exchange which should work out very well for everyone involved!

I am sorry to hear of this difficult situation.

How long did you work for the employer for? How much are they offering you for termination pay in terms of weeks or months?

Why do you believe that you were dismissed?

Do you think this is because of discrimination for example?

Customer
Ok. I have worked for Yellow Quill since 2017. I have not received my termination pay but I have had only two weeks holidays in that time. Yes the minutes say I was "discriminatory actions toward staff" but I am not aware of what that means. I tried to start dialogue on systemic racism which was a part of my job to advise on cultural matters.
Customer
Hi
Customer
I have a meeting in a bit so I'll get in touch with you later.
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Debra, Expert

If you think you are being dismissed because of discrimination, but it doesn't sound like you were, you could file a complaint with the human rights Tribunal.

Otherwise your legal right is 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.

If that is not what you are offered your best next step would be to retain an employment lawyer in your city and sue for wrongful dismissal. At least the lawyer would threaten a lawsuit and that might get you a fair settlement.

Does that help as a starting point?

Customer
It helps.
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Debra, Expert

Great.

Thank you for trusting us to help you here at JustAnswer. If you need more clarification or have a follow-up question just reply and we can continue our dialogue. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

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