On Monday December 20th I was at work when three of my co-workers accused me of misdeeds after the fact of leaving to my

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Customer: On Monday December 20th I was at work when three of my co-workers accused me of misdeeds after the fact of leaving to my supervisor which I have strongly denied because they did not happen I was told if I return to work the next day the police would be called a meeting with HR was arranged for that Wednesday the 22nd on which the HR representative was obviously convinced that I was guilty was not impartial one little bit would not listen to my side of the events this meeting was adjourned because of the holidays we would reconvene the following Wednesday I had gathered information in the time off and was trying to get more information but was being avoided and calls not returned and on the meeting I was not allowed to speak right from the word get go even though I asked and I was informed I had been fired and when I asked if I could be heard I was told their decision has been made but they would listen for a short time I began to try to speak and was basically cut off and told it's over goodbye they hung up the phone
JA: Have you discussed the accusation with a manager or HR? Or with a lawyer?
Customer: I have tried to talk to my manager and HR to no avail I was talking about we're with the HR lady and my manager. I have asked for security camera footage because there were statements made by the accusers that certain incidents happened in the view of these cameras and I no these cameras show the exact opposite. And I was not allowed do you even ask or speak to what they have discovered
JA: Are you an "at will" employee? Do you belong to a union?
Customer: I am and essential service worker I work 4 a rendering plant
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Since since the incident and the first meeting on Wednesday the 22nd I have been asking and waiting for information pertinent to showing my innocence I have gotten no return phone calls and upon the meeting on this Wednesday I was not allowed to speak and was told I was fired so they would not even give me any information that I could use to show my innocence had already rushed to judgment I have been railroaded during the first meeting when I was asking exact questions of what happened I have gotten very vague answers and then when that some answers were given to me they were then retracted as Miss statements so I'm unsure of exactly who said what what has been said did certain things actually happen where did they happen these are all questions I needed answers to and I've been fired before any of these answers were given
Answered by Joey in 3 hours 10 months ago
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Joey
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Joey, Expert

Hi and thank you for using JustAnswer. My name is ***** ***** I will be assisting you with your question.

I am licensed Canadian lawyer, and this conversation is for informational purposes only. I kindly ask for your patience as some questions take longer to answer and I may have to do legal research. I may be away from my desk from time to time, but rest assured I will always return back as soon as possible. If at any point during our conversation you don’t understand something, please let me know so I can clarify.

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Joey, Expert

Good morning – sorry to hear of the situation. An employer can terminate an employee for any legal reason at any time as long as reasonable notice is provided. An illegal reason would be for discrimination or retaliatory grounds.

For “with cause” dismissals, this usually implies that the employee engaged in gross misconduct – theft, sexual harassment, negligence, repeated absences or some other compelling grounds. The onus is on the employer to prove this at court. You could retain a lawyer and sue your employer for wrongful dismissal if you did not engage in gross misconduct at work. If the employer cannot prove this at court, then they would need to pay you your notice period accordingly.

Does that help answer your question or did you have any additional questions about this issue?

Customer
I'd like to know what evidence I am entitled to like statements made by the employees who are accusing me video security surveillance cameras witnesses and such am I allowed to see these things or is there any reason why they can deny me access
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Joey, Expert

As of now, you are not entitled to anything as that is company property. If this were to go to court, then your lawyer can request any relevant documentation pertaining to your dismissal as part of your lawsuit against them.

Customer
When I was still working there sorry I was under suspension but I wanted certain things so that I could explain to them that it showed I was innocent I wasn't getting return phone calls and then when I thought I would be able to ask for this stuff at the final meeting I was fired and not allowed to speak was I entitled to ask for that stuff while I was still under suspension
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Joey, Expert

You could ask, but they have no legal obligation to provide it at this point.

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Joey, Expert

To clarify, are you part of a union?

Customer
No I am not
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Joey, Expert

In that case, no obligation for them to disclose anything at this point unless you were to sue them. Did you have any additional questions about this issue?

Customer
I have been struggling recently with financial matters can you suggest somewhere that I can find a lawyer for pro bono work or anything that you can suggest that would help I can't stress to you enough how distressing this is that I have basically been framed and it is such a ridiculous allegation that They won't even let me speak to it they had their mind made up already there was no impartiality and search for the truth and I am completely I know as a lawyer you have heard people say this but I am 100% innocent and it is killing me
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Joey, Expert

Which province are you in?

Customer
Ontario
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Joey, Expert

Ontario legal aid normally doesn't cover employment disputes. However, there are many employment lawyers in Ontario who work on "contingency" meaning they only get paid if they collect something for you.

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Joey, Expert

Did you have any further questions about this issue?

Customer
My suspension was from Tuesday, December 21 to Tuesday, December 28 I was fired on the 29th I have read that an ROE to be issued within five days of Be being absent no matter what the reason. Is my employer to have issued an ROE at that time and then another are OE when they fired me
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Joey, Expert

They need to issue you a ROE. If they don't, then you can contact Service Canada.

Customer
I can't think of anything else at this time. Appreciate it thank you very much for all your assistance I really appreciate it
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Joey, Expert

Sorry again to hear of this difficult situation. Thank you for using JustAnswer. I wish you the best of luck. If you would like to request me in the future, simply type my name in the subject line and write “This is only for Joey” I will address your question right away. If you have any follow up questions about this matter, please do not hesitate to reach out to me.

Customer
I’m sorry I thought of a follow up question in most cases I’m sure that you deal with there’s their side there’s my side and somewhere in the middle there’s is the truth what I amupagainst is three coworkers and have theories as to why they did this but they have completely fabricated a story that is so far-fetched the company bought it but this has ruined my reputation I have lost my job am in danger of losing my home and I love my job. They have slandered me and it is also considered defamation of character all of the things that go along with this of lying about somebody. I am 56 with only nine years until retirement and to be ruined like this is unspeakable. Is
this any way a criminal matter that I could request the police to look into? And there are some strange things that have occurred that may lead me to believe that because we have such a small workforce that the company even if they have seen evidence that exonerates me this means they would have to fire three people and not one and they may now be compliant in helping the wrongdoers instead of doing the right thing.
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Joey, Expert

If someone made false statements about you that harmed your reputation in the community, then you can sue them for defamation. This would not be a criminal matter.

Customer
I have a few more questions I need help with
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Joey, Expert

Please go ahead.
Customer
Things have taken a possible turn. Well this was all happening the plant manager was on holidays and I have contacted him and spoke to him about my concerns of ways this has been handled by HR and he has arranged for a meeting on the phone today with HR and the supervisor who is handling this from the beginning at 4:30 I have read in the labour code but if they’ve submitted Deorro we that I cannot be reinstated if this is the case what should I be looking for from them or what will they be looking to do if they have not electronically sent my are a weirdo service Canada can they just change their minds and not send it in so I can be hired so I don’t lose my job
Customer
roE*
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Joey, Expert

Sorry I don't follow. Are you asking whether they can fire you?

Customer
No I was fired on December 27 I thought sorry 29th because I’m not a fit and they hung up on me I have been speaking to my plant manager to let him know that HR and my supervisor did not handle the situation properly at all not to mention I am completely innocent. They agreed to call me today at 4:30 I’m not sure what they’re going to say whether they will admit to being guilty of not job performing their duties properly and doing a proper investigation so I can prove that I’m innocent up until this point they did not give me a chance to speak to prove that I was innocent and did not do a proper investigation were convinced I was guilty because three people have said the situation that happened and now that they may I wonder if I can be reinstated if they if they haven’t submitted my our OE to service Canada yet
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Joey, Expert

They could reinstate you or offer you a new job at any time. Whether you want to go back there would be a personal decision.

Customer
I would like to know if you have an opinion on how severe and negligent the HR representative was in this case where she did not do an investigation at all she assumed I was guilty from day one would not listen to my questions did not share any of the information on what I was even accused of my supervisor did said nothing he wouldn’t back me up at all and they said I’m not a fit I gave no other explanation and I thought meeting I was under the impression that I was going to be able to ask questions and find out what their investigation discovery was but the conversation when they told me that day I was fired took less than two minutes and when I tried to speak they immediately hung up on me
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Joey, Expert

I don't know what evidence they relied upon in reaching their decision. If this were to go to court, they would need to prove that you engaged in serious misconduct. The onus is on them to prove it, not for you to prove your innocence.

Customer
Thank you very much for your help it was really appreciated.
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Joey, Expert

You're welcome.

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